Amy Harrington, Gabriel Ramos v. Daiso Japan LLC, a Japanese corporation; Daiso California LLC, a California limited liability company
Published: Jul. 23, 2011 | Result Date: May 26, 2011 | Filing Date: Jan. 1, 1900 |Case number: 3:2010-cv-03876 Bench Decision – Dismissal with prejudice
Facts
Plaintiffs filed a putative class action against Daiso Japan and Daiso California LLC, operators of a Japan-based chain of discount household goods stores, for allegedly selling products containing lead. Prior to the lawsuit, Daiso had entered into a consent decree with the Consumer Products Safety Commission that created a recall and refund program for certain Daiso products.
Result
After a FRCP 12(b)(6) motion to dismiss by Daiso for failure to state any claims upon which relief could be granted, the court dismissed the case because plaintiffs failed to identify the alleged defective products, how they came to acquire the products, and any injuries sustained from the products. The court determined that plaintiffs' entire complaint fell "far, far short of the Iqbal pleading standard" because it was "replete with factual generalizations and legal conclusions." The court allowed 30 days leave to amend, but plaintiffs did not file an amended complaint. The court then dismissed the action with prejudice.
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