Mosher-Clark
Mosher-Clark v. Gravity Defyer Medical Technology Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CECELIA MOSHER-CLARK, Case No. 22-cv-05288-HSG
Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S v. MOTION TO DISMISS
GRAVITY DEFYER MEDICAL Re: Dkt. No.
TECHNOLOGY CORPORATION,
11 Defendant. 12 This putative class action lawsuit alleges that Defendant Gravity Defyer Medical Technology Corporation (“Defendant” or “Gravity Defyer”) deceives consumers into purchasing shoes that do not provide the advertised clinically proven pain relief. Dkt. No. 30 (“FAC”). Before the Court is Defendant’s motion to dismiss, which is fully briefed. Dkt. Nos. 31 (“Mot.”), 32 (“Opp.”), 33 (“Reply”). The Court finds this matter appropriate for disposition without oral argument, see Civil 7-1(b), and GRANTS IN PART and DENIES IN PART the motion. I. BACKGROUND The following allegations are drawn from the FAC. Defendant is a designer and manufacturer of shoes worn to relieve knee, ankle, foot, and back pain using…