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Consumer Law
Product Liability
False, Deceptive and Misleading Advertising

Nicolas Torrent, on behalf of himself and all others similarly situated v. Thierry Ollivier, Natierra and Brandstorm Inc.

Published: Dec. 31, 2016 | Result Date: Dec. 9, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2:15-cv-02511-DDP-JPR Bench Decision –  Class Certification Denied

Court

USDC Central


Attorneys

Plaintiff

Jared H. Beck
(Beck & Lee Trial Lawyers)

Antonino G. Hernandez

Elizabeth Lee Beck
(Shilla Law P.A.)

Cullin A. O'Brien
(Cullin O'Brien Law P.A.)


Defendant

Lee H. Roistacher
(Dean Gazzo Roistacher LLP)

Matthew E. Bennett
(BQB, LLP)


Facts

Nicolas Torrent filed a class action against Thierry Ollivier, Natierra and Brandstorm Inc., concerning defendants' goji berry products.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendants allegedly violated the Consumer Legal Remedies Act, the California Sherman Food, Drug, and Cosmetic Law, and the Unfair Competition Law by falsely representing that their goji berries were harvested from the Himalayas when, in fact, they came from China.

DEFENDANTS' CONTENTIONS:
Defendant opposed class certification, claiming that the class was not ascertainable.

Result

The court denied class certification.

Other Information

FILING DATE: April 6, 2015.


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