Facts

Plaintiff brought a putative class action against Starbucks Corp., claiming Starbucks misrepresented its cold or iced drinks as having more fluid ounces than it actually delivered, and for which the customer was charged.

PLAINTIFF'S CONTENTIONS:
Plaintiff asserted causes of action for breach of express warranty, breach of implied warranty of merchantability, negligent misrepresentation, unjust enrichment, fraud, violation of California's Consumers Legal Remedies Act, violation of California's Unfair Competition Law, and violation of California's False Advertising Law.

DEFENDANT'S CONTENTIONS:
Starbucks contended in its motion to dismiss that none of plaintiff's causes of action stated a claim upon which relief could be granted because the cold or iced beverages met the expectations of reasonable consumers.

Result

The court granted Starbucks' motion to dismiss, with prejudice.

Other Information

Plaintiff has appealed to the Ninth Circuit Court of Appeals. FILING DATE: May 25, 2016.