Fukaya
Fukaya v. Daiso California LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MAKIKO FUKAYA, Case No. 23-cv-00099-JSC
Plaintiff,
ORDER RE: MOTION TO DISMISS
v. AND TO STRIKE
DAISO CALIFORNIA LLC, et al., Re: Dkt. No. 18 Defendants.
12 Plaintiff brings consumer protection claims related to Daiso’s failure to label its products as containing tree nuts, a common allergen. (Dkt. No. 1.) Before the Court is Defendants’ motion to dismiss and to strike. (Dkt. No. 18.) Having carefully considered the briefing, and with the benefit of oral argument on May 11, 2023, the Court GRANTS the motion in part and DENIES it in part. COMPLAINT ALLEGATIONS Food allergies can provoke life-threatening response, including anaphylaxis, from the body’s immune system. (Dkt. No. 1 ¶ 13.) Allergies to tree nuts, such as walnuts, almonds, hazelnuts, pecans, cashews, and pistachios, are fairly common. (Id. ¶ 15.) Along with peanuts and shellfish, tree nuts are one of the allergens most often linked…