Vizcarra
Vizcarra v. Michaels Stores, Inc.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 NEA VIZCARRA, Case No. 23-cv-00468-PCP
8 Plaintiff,
ORDER DENYING IN PART MOTION
9 v. TO DISMISS AND DENYING MOTION
TO STRIKE
10 MICHAELS STORES, INC., Re: Dkt. No. 26, 34 Defendant. 11
12 13 Plaintiff Nea Vizcarra alleges that defendant Michaels Stores, Inc. deceptively advertises 14 its products as discounted when in fact they are always available for at least 20% less than the 15 purported “regular” price. She brings several claims on behalf of herself and a proposed class. 16 Michaels moves to dismiss Ms. Vizcarra’s complaint under Federal Rule of Civil Procedure 17 12(b)(6) and to strike her class allegations under Rule 12(f). For the reasons set forth below, 18 Michaels’ motion to dismiss is denied as to all of Ms. Vizcarra’s claims except for her unjust 19 enrichment claim. The motion to strike is also denied. Michaels separately requests judicial notice 20 of several court documents and webpages. That request is granted. Ms. Vizcarra is granted leave to 21 …