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Consumer Law
Consumers Legal Remedies Act
False Advertising

Renee Young, individually and on behalf of all others similarly situated v. Transnational Foods Inc., and Does 1 through 10, inclusive

Published: Mar. 29, 2019 | Result Date: Feb. 19, 2019 | Filing Date: Aug. 2, 2018 |

Case number: 3:18-cv-4651 Bench Decision –  Dismissal

Judge

Edward M. Chen

Court

USDC Northern District of California


Attorneys

Plaintiff

Victoria C. Knowles
(Pacific Trial Attorneys APC)

Scott J. Ferrell
(Pacific Trial Attorneys APC)


Defendant

Tambry L. Bradford-Morales
(Troutman Pepper Hamilton Sanders LLP)


Facts

Renee Young filed a class action against Transnational Foods Inc. in relation to its product, Pampa EVOO.

Contentions

PLAINTIFF'S CONTENTIONS: Young contended that defendant markets and sells its product as "Extra Virgin Olive Oil" but it is not actually extra virgin olive oil. Young contended that defendant's misrepresentations are designed to lead plaintiffs to believe it is in fact extra virgin olive oil. Plaintiff asserted causes of action for California Consumer Legal Remedies Act, California's False Advertising Law, and Unlawful, Fraudulent and Unfair Business Practices.

DEFENDANT'S CONTENTIONS: Defendant contended that the court lacked subject matter jurisdiction because Young did not meet the amount in controversy requirement.

Result

The court agreed with defendant and found that Young did not meet the amount in controversy requirement.


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