Valiente

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4 UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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7 ANDREA VALIENTE, Case No. 23-cv-02214-AMO

8 Plaintiff, ORDER GRANTING IN PART AND v. DENYING IN PART MOTION TO 9

DISMISS WITH LEAVE TO AMEND,

10 SIMPSON IMPORTS, LTD., GRANTING REQUEST FOR

JUDICIAL NOTICE

11 Defendant. Re: Dkt. Nos. 14, 15 12 13 In this case about Simpson Imports, Ltd.’s canned tomatoes, Simpson moves to dismiss 14 Andrea Valiente’s class action complaint. Valiente opposes. Having considered the parties’ 15 papers, the relevant legal authority, and the arguments advanced by counsel during the hearing on 16 the motion, the Court GRANTS the motion IN PART WITH LEAVE TO AMEND and DENIES 17 the motion IN PART, for the reasons set forth below. 18 I. BACKGROUND 19 A. Factual Background1 20 San Marzano tomatoes “originate[] from the town of San Marzano sul Sarno, near Naples, 21 Italy.” ECF 1 at 8-33 (Compl.) ¶ 8. The tomatoes were “first grown in the volcanic soil around 22 Mount Vesuvius” and some are still grown near the…