Facts

Allen Moshiri filed a putative class action against HSNI LLC, Martha Stewart Living Omnimedia Inc., Emeril's Homebase LLC, and Emerils.Com LLC, in connection with EMERIL brand kitchen knives.

PLAINTIFF'S CONTENTIONS:
Moshiri claimed that defendants represented that the knives were manufactured in Solingen, Germany in advertisements and promotional materials. However, Moshiri claimed that the knives were actually manufactured in China. As such, Moshiri accused defendants of violating California's consumer protection laws, and sought to vindicate consumer rights who were defrauded by defendants. Moshiri sought recovery under California's False Advertising Law, California's Unfair Competition Law, and Consumer Legal Remedies Act.

DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss the complaint because Moshiri failed to plead his fraud claims with particularity as required under the statutes.

Result

The court agreed with defendants' arguments, and granted defendants' motion to dismiss with leave to amend.