Stewart

Stewart v. Kodiak Cakes, LLC

Good Law
United States District Court, Southern District of CaliforniaOctober 25, 20213:19-cv-02454California6,093 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TY STEWART, et al., Case No.: 19-cv-2454-MMA (MSB)

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS

KODIAK CAKES, LLC,

Defendant. [Doc. No. 91] 16 17 On May 17, 2021, Ty Stewart along with twenty-one (21) other named plaintiffs (collectively, “Plaintiffs”) filed a second amended class action complaint against Kodiak Cakes, LLC (“Defendant”) alleging violations of numerous state consumer protection laws. See Doc. No. 90 (“SAC”). Before the Court is Defendant’s second motion to dismiss. See Doc. No. 91. Plaintiff filed an opposition, to which Defendant replied. See Doc. Nos. 92, 93. For the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART Defendant’s motion. I. BACKGROUND In their First Amended Complaint, Plaintiffs brought six causes of action against Defendant based on two issues with Defendant’s…

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