Turnier
Turnier v. Bed Bath & Beyond Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROBERT TURNIER, Case No.: 3:20-cv-00288-L-MSB
Plaintiff,
v. ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS [DOC. NO. 7]
BED BATH & BEYOND INC., WITH LEAVE TO AMEND.
Defendant. 16 Pending before the Court in this consumer class action is Defendant’s motion to dismiss. The Court decides the matter without oral argument. See Civ. L. R. 7.1. For the reasons stated below, Defendant’s motion is GRANTED WITH LEAVE TO AMEND. I. BACKGROUND Plaintiff filed this action in state court. (See Doc. No. 1). Defendant removed it to federal court. Id.; see 28 U.S.C. section 1453. The Court has subject matter jurisdiction under 28 U.S.C. section 1332. Defendant is a New York corporation that markets and sells household merchandise. (Doc. No. 1-2, Complaint (“Compl.”) ¶¶ 1 and 3). It sells merchandise in its stores and online. (Id. at ¶ 10). For 29 dollars a year,…