This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Consumer Protection
Negligent and Intentional Misrepresentation

Mark Hinkle and Daniel Rossi, individually and on behalf of all others similarly situated v. Sports Research Corporation

Published: May 13, 2022 | Result Date: Mar. 26, 2021 | Filing Date: Jan. 9, 2020 |

Case number: 37-2020-00001422-CU-NP-NC Settlement –  Store credit

Judge

Timothy M. Casserly

Court

San Diego County Superior Court


Attorneys

Plaintiff

Jason A. Ibey
(Kazerouni Law Group APC)

Seyed A. Kazerounian
(Kazerouni Law Group APC)


Defendant

Jeffrey M. Blank
(Garcia, Rainey, Blank & Bowerbank LLP)

Norma V. Garcia
(Garcia, Rainey, Blank & Bowerbank LLP)


Facts

Sports Research Corporation is a family-owned and family-run company that provides health and wellness products including supplements. On January 9, 2020, Mark Hinkle and Daniel Rossi filed a class action complaint in San Diego County against Sports Research with regard to its Premium MCT Oil and its Turmeric Curcumin C3 Complex.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that defendant violated California's Consumer Legal Remedies Act (California Civil Code Section 1750 et seq.); California's Unfair Competition Law (California Business & Professions Code Section 17200 et seq.; California's False Advertising Law (California Business & Professions Code Section 17500 et seq.), along with negligent and intentional misrepresentation claims. Specifically, they contended that the claims made on the labels of these products, as well as on the packaging of the products are false, deceptive, and/or misleading.

DEFENDANTS' CONTENTIONS: Defendant Sports Research Corporation generally denied all material allegations, asserting 25 affirmative defenses. It specifically denied that it engaged in any wrongdoing, violated any laws, statutes, or legal principles plaintiffs' argued. Moreover, it rebuffed arguments that it had any liability in connection with the asserted claims or claims that could have been asserted. Finally, but not, exclusively, it maintained that any supposed wrongdoing or violations caused no damages to plaintiffs or anyone else.

Result

The case settled. Class members will be entitled to a voucher for $7 towards any products manufactured or sold by defendant Sports Research Corporation valid for one year and freely transferrable plus payment of $3. Furthermore, Sports Research Corporation will pay $325,000 in attorneys' fees and costs.


#138842

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390