Rodriguez
Rodriguez v. The Hershey Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 5 REBEKA RODRIGUEZ, Case No.: 23-cv-398-L-DEB
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS WITHOUT LEAVE TO
AMEND
THE HERSHEY COMPANY, and DOES
1–10, [ECF No. 5] Defendants. 11 Pending before the Court is Defendant The Hershey Company’s (“Defendant”) motion to dismiss Plaintiff Rebeka Rodriguez’s (“Plaintiff”) complaint. (ECF No. 5.) Plaintiff opposed, (ECF No. 7), and Defendant replied, (ECF No. 9). The Court decides the matter on the papers submitted without oral argument. See Civ. LR 7.1(d.1). For the reasons set forth below, Defendant’s motion to dismiss is granted. I. INTRODUCTION According to the allegations in the complaint, Defendant manufactures and sells chocolate and other snacking products. (ECF No. 1, Compl., at 2.) Defendant maintains the website www.thehersheycompany.com. (Id.) Plaintiff is an “individual consumer advocate” who viewed a video titled “Say Hola” on…