Jason DeCarlo, individually and on behalf of all others similarly situated v. Costco Wholesale Corporation, MBNR Inc., Nancy K. Rhodes, O.D.
Published: Nov. 21, 2015 | Result Date: Sep. 28, 2015 | Filing Date: Jan. 1, 1900 |Case number: 3:14-cv-00202-JAH-BLM Bench Decision – Dismissal
Court
USDC Southern District of California
Attorneys
Plaintiff
Kevin F. Quinn
(Thorsnes, Bartolotta & McGuire)
Jarrett S. Charo
(Thorsnes, Bartolotta & McGuire)
Benjamin I. Siminou
(Singleton Schreiber LLP)
Defendant
Don G. Rushing
(Fox Law APC)
Facts
Jason DeCarlo filed a class action against Costco Wholesale Corp., MBNR Inc. and Nancy Rhodes, in connection with "one-stop shop" eye exam and eyewear shops.
Contentions
PLAINTIFF'S CONTENTIONS:
Defendant Costco allegedly violated the law by allowing optometrists and prescription eyewear sellers to conduct business in a "one-stop shop." Plaintiff also accused defendants of charging him a premium for the eye exam and eyewear he purchased. Plaintiff accused defendants of engaging or aiding in the commission of unlawful business practices, fraudulent business practices, unfair business practices, false and misleading advertisement, and violations of the California Civil Code.
DEFENDANTS' CONTENTIONS:
Defendants argued plaintiff was not required to purchase eyewear as a condition of obtaining an eye exam. Defendants moved to dismiss plaintiff's complaint for lack of jurisdiction, asserting plaintiff lacked standing to bring his claims.
Result
The court dismissed the lawsuit.
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