Forrett

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 JOHN FORRETT, Case No. 22-cv-02045-BLF

Plaintiff,

ORDER DENYING IN PART AND

v. GRANTING IN PART WITHOUT

LEAVE TO AMEND MOTION TO

GOURMET NUT INC, DISMISS Defendant. [Re: ECF No. 41]

12 In this case, Plaintiff John Forrett challenges representations made on a product sold by Defendant Gourmet Nut, Inc. (“Gourmet Nut”). Forrett claims that Gourmet Nut has engaged in deceptive, misleading, and unlawful practices in marketing its Protein Packed Trail Mix. He brings one common law claim and three California consumer protection claims and seeks to represent a California class of consumers who purchased the Product within the statute of limitations period. Now before the Court is Gourmet Nut’s motion to dismiss the First Amended Complaint. ECF No. 41 (“MTD”); see also ECF No. 43 (“Reply”). Forrett opposes the motion. ECF No. 42 (“Opp.”). The…