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
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.
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