Turnier
Turnier v. Bed Bath & Beyond Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROBERT TURNIER, et al., Case No.: 3:20-cv-00288-L-MSB
Plaintiffs,
v. ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS [ECF 22]
BED BATH & BEYOND INC., WITH LEAVE TO AMEND.
Defendant. 16 Pending before the Court in this putative class action is Defendant’s motion to dismiss. Plaintiffs opposed, and Defendant replied. The Court decides the matter without oral argument. See Civ. L. R. 7.1. For the reasons stated below, the Court GRANTS Defendant’s motion WITH LEAVE TO AMEND. I. BACKGROUND Plaintiffs filed this action in state court. (See Doc. No. 1). Defendant removed it here. 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. 18, First Amended Complaint (“FAC.”) ¶ 4). It sells merchandise in its stores and online. (Id. at ¶…