Vitiosus
Vitiosus v. Alani Nutrition, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 10 ANDRES VITIOSUS, et al., individually and on behalf of all others similarly Case No. 21-cv-2048-MMA (MDD) situated,
ORDER GRANTING IN PART
Plaintiffs, DEFENDANT’S MOTION TO v. DISMISS AND STRIKE CLASS
ALLEGATIONS
ALANI NUTRITION, LLC, Defendant. [Doc. No. 9] 16 17 On December 8, 2021, Andres Vitiosus, Debra Foley, and Rachel Lumbra (collectively, “Plaintiffs”) filed a putative class action complaint against Defendant Alani Nutrition, LLC, alleging violations of California and New York consumer protection laws as well as claims for breach of express warranty and unjust enrichment. Doc. No. 1 (“Compl.”). Defendant now moves to dismiss the Complaint and strike the nationwide class allegations. Doc. No. 9. Plaintiffs filed an opposition, to which Defendant replied. Doc. Nos. 10, 11. For the reasons set forth below, the Court GRANTS Defendant’s motion IN PART.1
27 1 Both parties are reminded that briefs in support of and in…