Liou
Liou v. Organifi, LLC
Opinion
Trial Court Opinion
I. BACKGROUND
26 Plaintiff Glenn Liou filed this putative consumer class action complaint against 27 Defendants Organifi, LLC and Andrew Canole in San Diego Superior Court on August 30, 28 2019. [Doc. No. 1-2.] Plaintiff then filed a First Amended Complaint (“FAC”) on January 6, 2020. [Doc. Nos. 1-3, 1-4]. The FAC asserted five claims under California law based on Organifi’s allegedly false and misleading statements about its product Organifi Green Juice (“Green Juice” or “Product”): (1) Breach of Implied Warranties of Merchantability and Fitness for Particular Purpose; (2) Breach of Express Warranty; (3) Violation of California’s Consumer Legal Remedies Act (“CLRA”), California Civil Code § 1750 et seq.; (4) Violation of California’s Unfair Competition Law (“UCL”), California Business & Professions Code § 17200 et seq.; and (5) Restitution, Money Had and Received, Unjust Enrichment, and/or Quasi-Contract and Assumpsit. [Id.] Defendants removed the action to this Court on June 12, 2020. [Doc. No. 1.] After removal, Defendants filed a motion to dismiss the FAC, while Plaintiff filed a motion to remand the action to state court. …