Scheibe
Scheibe v. ProSupps USA, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JACOB SCHEIBE, on behalf of all others Case No.: 3:22-cv-01784-BEN-MSB similarly situated,
ORDER GRANTING DEFENDANT’S
Plaintiff, MOTION TO DISMISS v.
PROSUPPS USA, LLC, a Texas limited [ECF No. 16] liability company, 16 Defendant. 17 Plaintiff Jacob Scheibe (“Plaintiff”) brings his First Amended Complaint (“FAC”) against Defendant ProSupps, USA LLC (“Defendant”) based on alleged misrepresentations of the carbohydrate and caloric content of one of Defendant’s products. See FAC, ECF No. 14. The First Amended Complaint lists six claims for relief, alleged under California’s Unfair Competition Laws (Cal. Bus. & Prof. Code §§ 17200 et seq.), California’s Consumer Legal Remedies Act (Cal. Civ. Code §§ 1750 et seq.), and unjust enrichment. Id. ¶¶ 61-109. Before the Court is Defendant’s Motion to Dismiss the First Amended Complaint. ECF No. 16 (the “Motion”). The Motion was submitted on the papers without oral argument…