Bryan

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 KERSTINE BRYAN, Case No. 23-cv-00865-MMC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS; AFFORDING

DEL MONTE FOODS, INC., PLAINTIFF LEAVE TO AMEND Defendant. Re: Dkt. No.

12 Before the Court is defendant Del Monte Foods, Inc.’s (“Del Monte”) Motion, filed June 2, 2023, “to Dismiss Plaintiffs’ Complaint.” Plaintiff Kerstine Bryan (“Bryan”) has filed opposition, to which Del Monte has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court rules as follows.1 BACKGROUND Del Monte is a Delaware corporation with a principal place of business in California. (See Class Action Compl. (“CAC”) ¶ 20, Dkt. No. 1.) Bryan, a “citizen of Oregon,” alleges she purchased, “at retailers throughout Oregon,” fruit cups manufactured by Del Monte, specifically, “Mango Chunks and Peach…