The disclaimer that the sale in the ad cannot be combined with any other promotion or discount is on the second page of the ad and in microscopic fine print. (Id. 
2009). No. It is hard to imagine a scenario, though, in which a competitor plaintiff would rely on a competitor defendant's misleading advertisements and suffer injury. No. Sateriale v. R.J. Reynolds Tobacco Co., 697 F.3d 777, 793 (9th Cir. 
"A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." (Dkt. 
(Id. 24 at 36.) Once temperatures have cooled, Safer Plug allows you to resume normal product usage. In Ketayi v. Health Enrollment Grp., -- F. Supp. Moreover, commercial injury is presumed "when defendant and plaintiff are direct competitors and defendant's misrepresentation has a tendency to mislead consumers." 2018), rev'd and remanded on other grounds by -Fed. 40.) (Dkt. No. No. 4th at 320, the Court adopts the minority view that a competitor may allege false advertising claims under the UCL and FAL without alleging its own reliance and need only allege it suffered an injury, loss of money or property, as a result of the alleged misrepresentations. The Court DENIES Defendant's motion to dismiss the three causes of action in the FAC and GRANTS Defendant's motion to dismiss the claim / / / / / / / / / / / / for restitution in the second and third causes of action. Consuming less than half the energy of regular incandescent bulbs, the normal lifespan of an LED bulb is up to 50,000 hours and contains no mercury, helping reduce greenhouse gas emissions. PLUS 36 MONTHS" with no disclaimers. Some assembly may be required for Direct Ship items.. Parcel delivery is available via FedEx for select products. (Id. No. Plaintiff filed an opposition. CertiPUR-US certified foams have low emission (VOCs) for indoor quality; are made without prohibited phthalates; ozone depleters (no CFCs); mercury, lead or heavy metals; formaldehyde and without PBDE flame retardants and have been tested for durability and performance. Defendant moves to dismiss the first cause of action arguing that Plaintiff has failed to allege facts to state a false advertising claim under the Lanham Act. reclining pacifica mybobs 2007) (internal quotation marks omitted). Direct Ship items do not qualify for pickup. 
Direct Ship products are shipped via Fedex typically within 3 to 5 business days, and are not available for pickup. Because Congress may regulate the channels and instrumentalities of interstate commerce, and activities that, Furthermore, some courts in this Circuit have presumed both consumer deception and materiality when a, Full title:JEROME'S FURNITURE WAREHOUSE, a California Corporation, Plaintiff, v, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Accessories may be returned for a full refund within 3 days of receipt provided they are in like-new condition. at 1548. (Dkt. For example, in Defendant's New Years Super Sale print ad distributed throughout San Diego County and valid from December 25, 2020 through January 11, 2021, Defendant intentionally misrepresented the "regular price" of the Ballinasloe 3-piece sectional sofa as $2,299.00 and offered a sale price of $1,150.00 causing consumers to perceive a savings of $1,149.00. 8:18-cv-01974-JLS-JDE, 2021 WL 819159, at *4 (C.D. Chip, scratch, or breakage of glass, mirror components and loss of silvering on mirrors. 
On February 3, 2021, Plaintiff filed a first amended complaint ("FAC") alleging 1) false advertising arising under the Lanham Act, 15 U.S.C. Citing to Sonner v. Premier Nutrition Corp., 971 F.3d 834, 844 (9th Cir. Id. 24 at 25-29.). Roturas, cortes, y quemaduras y roturas del motor: Todas las manchas accidentales (excepto materiales custicos y corrosivos): Presentar un reclamo o llama al 1-800-538-9500. "The phrase 'as a result of' in its plain and ordinary sense means 'caused by' and requires a showing of a causal connection or reliance on the alleged misrepresentation." Id. It has built its brand and customer goodwill through "Jerry's price" which the consumers have come to recognize as a no-haggle price where the customer can expect to purchase furniture and home furnishings with confidence that the stated price reflects a fair and honest price with no hidden fees or terms. The UCL and FAL claims are based on allegedly fraudulent advertisements and sound in fraud. 21-1 at 15-16.) The Lanham Act reaches statements that a person "uses in commerce." Accidental rips, cuts, & burns, and motor breakage: All stains (except caustic and corrosive materials): File a Goof Claim or call 1-800-538-9500. JEROME'S FURNITURE WAREHOUSE, a California Corporation, Plaintiff, v. ASHLEY FURNITURE INDUSTRIES, INC., a Wisconsin Corporation; and DOES 1 through 50, inclusive, Defendant. The billboard ad misrepresents to the public that Ashley is offering both 50% off the regular advertised purchase price of all merchandise plus 36 months interest free payments. (Dkt. In line with this, the court held that a plaintiff must allege that she "lacks an adequate remedy at law before securing equitable restitution for past harm under the UCL and CLRA." Grasa, esmalte de zapatos y manchas de hierba y goma de mascar. No. (collecting cases); In re MacBook Keyboard Litig., No. . Because the UCL and FAL protect both "consumers and competitors", Kwikset Corp., 51 Cal. ), Defendant only reveals the truth of the misleading advertisements after a customer has decided to purchase a product and by that point, they are reluctant to leave and start a new search. (Id. (Dkt. 
Make your practice more effective and efficient with Casetexts legal research suite. We will charge or credit you for any difference in cost between the original and the re-selected mattress and you will be responsible for the delivery cost to exchange the mattresses. 2020) (because Outlaw did not challenge standing, the Court adopted the majority approach requiring reliance to be pled by the plaintiff)). 23andMe, Inc., 356 F. Supp. (Dkt. 1125(a)(1)(B); 2) unfair competition under California's Business and Professions Code section 17200 et seq. (Id.) Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). 2010) ("A claim of false advertising may be based on at least one of two theories: 'that the challenged advertisement is literally false, i.e., false on its face,' or 'that the advertisement, while not literally false, is nevertheless likely to mislead or confuse consumers.'"). Id. Apr. You may return your mattress within 90 days of the original receipt date and we will refund the purchase price minus the original delivery fee. (Id. 
Case No. (Dkt. (Id. Cal. Here, the FAC satisfies Rule 9(b). Cal. 78u-4(b)(1), as recognized in Ronconi v. Larkin, 253 F.3d 423, 429 n.6 (9th Cir. 21-1 at 20.) Nov. 6, 2020) ("Whatever the facts before the panel in Sonner, the Supreme Court in York did not draw any distinction among the various forms of equitable relief when requiring the absence of a 'plain, adequate, and complete remedy at law' to obtain it. On January 15, 2021, the Court granted Defendant's motion to dismiss the complaint with leave to amend. (Id. No. Finally, the time limits placed on advertisements, for a "limited time only" are also false or misleading because the material terms of the sale do not materially change. Cosmetics stains (such as makeup, nail polish, nail polish remover, lipstick and body lotions). A copy of the plan is available for review at a Bobs store. 19, 2021). No. By falsely inflating regular prices, it misrepresents discounts that do not, in fact, exist and which represent a false discount under the regulations of the Federal Trade Commission, 16 C.F.R. Defendant further argues that Plaintiff has not alleged any facts that it is entitled to restitution under the UCL or FAL because it has no direct or vested ownership interest in the diverted profits from Plaintiff to Defendant. Id. Some Value Express products feature Direct Shipping from the manufacturer. stylishdesignfurniture Plaintiff opposes contending that it has alleged its own reliance and resulting damages and the reliance of consumers, whose reliance proximately, caused injury to it. ), Second, Plaintiff claims that Defendant falsely and misleadingly advertises by overstating the actual "regular price" of its merchandise in special print advertising for the purpose of falsely inflating the "savings" to be realized from its "sale price." (Dkt. In Sonner, the Ninth Circuit, relying on United States Supreme Court precedent, held that "traditional principles governing equitable remedies in federal courts, including the requisite inadequacy of legal remedies, apply when a party requests restitution under the UCL and CLRA in a diversity action." After all, situations in which a company would purchase its competitor's products are few and far between. In Korea Supply, the California Supreme Court announced two theories to support a claim for restitution: first, the court looks at whether the plaintiff is seeking the return of money or property that was once in its possession. Semegen v. Weidner, 780 F.2d 727, 731 (9th Cir. In re GlenFed, Inc. Sec. 2001). claim is and the grounds upon which it rests." TrafficSchool.com, Inc. v. Edriver Inc., 653 F.3d 820, 825 (9th Cir. Because Plaintiff has not alleged it is entitled to restitution, the Court GRANTS Defendant's motion to dismiss the restitution claim. 21-1 at 14-17.) 24 at 27. Jan. 18, 2021) ("A non-consumer plaintiff can allege false advertising claims under the UCL and FAL without alleging its own reliance, as long as the plaintiff has alleged a sufficient causal connection. Sonner v. Premier Nutrition Corp., 971 F.3d 834, 844 (9th Cir. pacifica reclining sectional 24.) No. 4th at 1151 (rejecting plaintiff's theory of damages not seeking disgorgement of all defendant's profits but seeking the amount it allegedly would have obtained as a commission it been awarded the contract); see also Tortilla Factory, LLC v Better Booch, LLC, Case No. While in the store, Plaintiff's representatives noted that nearly all items within Defendant's upholstery and dining department and all "14-piece packages" were already marked down with "manager's special"; therefore, the promotion was not applicable to those items. 
), Third, Plaintiff asserts that Defendant misrepresents the quality of its merchandise by falsely overstating the savings consumers can expect to receive. (Dkt. Nat'l Rural Telecomms Co-op. No. Separacin de costuras, agrietamiento y descamacin del cuero y prdida de elasticidad de la espuma. In its prior order, the Court dismissed the claims under Rule 9(b) because the complaint alleged only that customers had frequently complained about the misleading advertisements. ), Defendant is also a retail seller of furniture since 1987 but in contrast to Plaintiff's no-haggle price, its business practices include false and misleading advertising intended to deceive customers into falsely believing that it offers prices and financing that cannot be beaten by Plaintiff or other competitors. The advertisement is misleading because Ashley will only honor either 40% off or 60 months interest-free payments but not both. These products include all of my mattresses and most upholstery items. 
Duncan v. Stuezle, 76 F.3d 1480, 1489 n.14 (9th Cir. In the unlikely event that your mattress has a factory defect, we will replace it during the stated manufacturers warranty period. 2019) (on motion to dismiss because plaintiff alleged that the statement is literally false, actual deception can be presumed). 
2008) (quoting Jarrow Formulas, Inc. v. Nutrition Now, Inc., 304 F.3d 829 (9th Cir. the voters of California passed Proposition 64, which restricts standing for individuals alleging UCL and FAL claims to persons who have suffered injury in fact and have lost money or property as a result of the unfair competition." Recibir una copia de los documentos de su plan de proteccin a travs de la direccin de correo electrnico que proporcion al momento de la compra. If its room temperature, its synthetic. 11-13; id., Ex. Mismatched bedding sets purchased from the Outlet must be accepted as a set at the time of delivery. Oct. 29, 2020) (collecting cases that have "applied Sonner to dismiss complaints in cases involving similar claims at the more familiar early stages of litigation"). (Id.) Second, Defendant contends that Plaintiff has failed to allege facts that the advertisement using "PLUS" was never honored by Ashley. Certain stains, odors, and general wear & tear: Issues caused by misuse or the manufacturer: *All claims must be reported within 30 days of the incident. You can rest assured knowing that the foam has been put through a series of tests to ensure content, indoor emissions and durability meet the strict standards of the CertiPUR-US program. (Dkt. Defendant argues that the claims fail under Rule 9(b) because Plaintiff does not identify a single instance where a customer was refused the combination offer or provide other facts indicating that the advertisement is false or deceptive. Stains from corrosive materials that erode or strip the finish or color. No. pacifica 2020). 3d 905, 924 (N.D. Cal. (Dkt. (Dkt. However, the FAC alleges that when Plaintiff representatives visited Ashley stores, the sales representative told them that the promotion was a choice between a percentage off or extended payments without interest and they could not take advantage of both. Suciedad general en alfombras y quemaduras en lmparas. Food & beverage stains (such as wine, juice, baby formula). Here, Plaintiff claims it is not seeking restitution in the form of disgorgement of Defendant's profits but instead, the loss of Plaintiff's profits due to the diversion of its customers to Defendant's stores due to the misleading advertisements. 24 at 35.) 37.) Plaintiff responds that it has sufficiently alleged facts to put Defendant on notice as to the fraud claims against it. 24 at 27-28.). This service is not available for mattresses/foundations that are delivered via BOBtastic Threshold Delivery, No-Contact Delivery and FedEx. 27.) 20, FAC 25, 27, 55.) Feb. 10, 2021) (inadequate remedy at law applies to all claims for equitable relief) (citing IntegrityMessageBoards.com v. Facebook, Inc., No. A company may purchase its competitor's products to conduct market research or, where the competitor's products are unprotected by intellectual property law, in an attempt to reverse engineer a particular feature. Similarly, in this case, Plaintiff alleges that the amount of damages suffered by it will be difficult to ascertain if the fraudulent acts continue without injunctive relief, and thus, it has no adequate remedy at law. No. al-Kidd v. Ashcroft, 580 F.3d 949, 956 (9th Cir. State-of-the-art temperature sensitive memory foam that conforms to the shape of your body for increased comfort, gentle support and pressure relief. (Id.) Can't agree on plush or firm? at 826. : 20CV1765-GPC(BGS) (S.D. 32.) At the time, the promotion was "50% off plus 60 months no interest" which was in print advertisement and also on the door of Defendant's store. 
2:18-cv-02980-CAS(SKx), 2018 WL 4378700, at *10 (C.D. In its prior order, the Court observed that no California state court has addressed whether "competitor plaintiffs must plead their own reliance or whether pleading consumer reliance is sufficient for fraudulent business practice claims brought by competitors" noting a split of authority in the California district courts with a majority view that a plaintiff must alleges its own reliance and not the reliance of third parties.
2009). No. It is hard to imagine a scenario, though, in which a competitor plaintiff would rely on a competitor defendant's misleading advertisements and suffer injury. No. Sateriale v. R.J. Reynolds Tobacco Co., 697 F.3d 777, 793 (9th Cir. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." (Dkt. 
(Id. 24 at 36.) Once temperatures have cooled, Safer Plug allows you to resume normal product usage. In Ketayi v. Health Enrollment Grp., -- F. Supp. Moreover, commercial injury is presumed "when defendant and plaintiff are direct competitors and defendant's misrepresentation has a tendency to mislead consumers." 2018), rev'd and remanded on other grounds by -Fed. 40.) (Dkt. No. No. 4th at 320, the Court adopts the minority view that a competitor may allege false advertising claims under the UCL and FAL without alleging its own reliance and need only allege it suffered an injury, loss of money or property, as a result of the alleged misrepresentations. The Court DENIES Defendant's motion to dismiss the three causes of action in the FAC and GRANTS Defendant's motion to dismiss the claim / / / / / / / / / / / / for restitution in the second and third causes of action. Consuming less than half the energy of regular incandescent bulbs, the normal lifespan of an LED bulb is up to 50,000 hours and contains no mercury, helping reduce greenhouse gas emissions. PLUS 36 MONTHS" with no disclaimers. Some assembly may be required for Direct Ship items.. Parcel delivery is available via FedEx for select products. (Id. No. Plaintiff filed an opposition. CertiPUR-US certified foams have low emission (VOCs) for indoor quality; are made without prohibited phthalates; ozone depleters (no CFCs); mercury, lead or heavy metals; formaldehyde and without PBDE flame retardants and have been tested for durability and performance. Defendant moves to dismiss the first cause of action arguing that Plaintiff has failed to allege facts to state a false advertising claim under the Lanham Act. reclining pacifica mybobs 2007) (internal quotation marks omitted). Direct Ship items do not qualify for pickup. 
Direct Ship products are shipped via Fedex typically within 3 to 5 business days, and are not available for pickup. Because Congress may regulate the channels and instrumentalities of interstate commerce, and activities that, Furthermore, some courts in this Circuit have presumed both consumer deception and materiality when a, Full title:JEROME'S FURNITURE WAREHOUSE, a California Corporation, Plaintiff, v, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Accessories may be returned for a full refund within 3 days of receipt provided they are in like-new condition. at 1548. (Dkt. For example, in Defendant's New Years Super Sale print ad distributed throughout San Diego County and valid from December 25, 2020 through January 11, 2021, Defendant intentionally misrepresented the "regular price" of the Ballinasloe 3-piece sectional sofa as $2,299.00 and offered a sale price of $1,150.00 causing consumers to perceive a savings of $1,149.00. 8:18-cv-01974-JLS-JDE, 2021 WL 819159, at *4 (C.D. Chip, scratch, or breakage of glass, mirror components and loss of silvering on mirrors. On February 3, 2021, Plaintiff filed a first amended complaint ("FAC") alleging 1) false advertising arising under the Lanham Act, 15 U.S.C. Citing to Sonner v. Premier Nutrition Corp., 971 F.3d 834, 844 (9th Cir. Id. 24 at 25-29.). Roturas, cortes, y quemaduras y roturas del motor: Todas las manchas accidentales (excepto materiales custicos y corrosivos): Presentar un reclamo o llama al 1-800-538-9500. "The phrase 'as a result of' in its plain and ordinary sense means 'caused by' and requires a showing of a causal connection or reliance on the alleged misrepresentation." Id. It has built its brand and customer goodwill through "Jerry's price" which the consumers have come to recognize as a no-haggle price where the customer can expect to purchase furniture and home furnishings with confidence that the stated price reflects a fair and honest price with no hidden fees or terms. The UCL and FAL claims are based on allegedly fraudulent advertisements and sound in fraud. 21-1 at 15-16.) The Lanham Act reaches statements that a person "uses in commerce." Accidental rips, cuts, & burns, and motor breakage: All stains (except caustic and corrosive materials): File a Goof Claim or call 1-800-538-9500. JEROME'S FURNITURE WAREHOUSE, a California Corporation, Plaintiff, v. ASHLEY FURNITURE INDUSTRIES, INC., a Wisconsin Corporation; and DOES 1 through 50, inclusive, Defendant. The billboard ad misrepresents to the public that Ashley is offering both 50% off the regular advertised purchase price of all merchandise plus 36 months interest free payments. (Dkt. In line with this, the court held that a plaintiff must allege that she "lacks an adequate remedy at law before securing equitable restitution for past harm under the UCL and CLRA." Grasa, esmalte de zapatos y manchas de hierba y goma de mascar. No. (collecting cases); In re MacBook Keyboard Litig., No. . Because the UCL and FAL protect both "consumers and competitors", Kwikset Corp., 51 Cal. ), Defendant only reveals the truth of the misleading advertisements after a customer has decided to purchase a product and by that point, they are reluctant to leave and start a new search. (Id. (Dkt. Make your practice more effective and efficient with Casetexts legal research suite. We will charge or credit you for any difference in cost between the original and the re-selected mattress and you will be responsible for the delivery cost to exchange the mattresses. 2020) (because Outlaw did not challenge standing, the Court adopted the majority approach requiring reliance to be pled by the plaintiff)). 23andMe, Inc., 356 F. Supp. (Dkt. 1125(a)(1)(B); 2) unfair competition under California's Business and Professions Code section 17200 et seq. (Id.) Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). 2010) ("A claim of false advertising may be based on at least one of two theories: 'that the challenged advertisement is literally false, i.e., false on its face,' or 'that the advertisement, while not literally false, is nevertheless likely to mislead or confuse consumers.'"). Id. Apr. You may return your mattress within 90 days of the original receipt date and we will refund the purchase price minus the original delivery fee. (Id. Case No. (Dkt. (Id. Cal. Here, the FAC satisfies Rule 9(b). Cal. 78u-4(b)(1), as recognized in Ronconi v. Larkin, 253 F.3d 423, 429 n.6 (9th Cir. 21-1 at 20.) Nov. 6, 2020) ("Whatever the facts before the panel in Sonner, the Supreme Court in York did not draw any distinction among the various forms of equitable relief when requiring the absence of a 'plain, adequate, and complete remedy at law' to obtain it. On January 15, 2021, the Court granted Defendant's motion to dismiss the complaint with leave to amend. (Id. No. Finally, the time limits placed on advertisements, for a "limited time only" are also false or misleading because the material terms of the sale do not materially change. Cosmetics stains (such as makeup, nail polish, nail polish remover, lipstick and body lotions). A copy of the plan is available for review at a Bobs store. 19, 2021). No. By falsely inflating regular prices, it misrepresents discounts that do not, in fact, exist and which represent a false discount under the regulations of the Federal Trade Commission, 16 C.F.R. Defendant further argues that Plaintiff has not alleged any facts that it is entitled to restitution under the UCL or FAL because it has no direct or vested ownership interest in the diverted profits from Plaintiff to Defendant. Id. Some Value Express products feature Direct Shipping from the manufacturer. stylishdesignfurniture Plaintiff opposes contending that it has alleged its own reliance and resulting damages and the reliance of consumers, whose reliance proximately, caused injury to it. ), Second, Plaintiff claims that Defendant falsely and misleadingly advertises by overstating the actual "regular price" of its merchandise in special print advertising for the purpose of falsely inflating the "savings" to be realized from its "sale price." (Dkt. In Sonner, the Ninth Circuit, relying on United States Supreme Court precedent, held that "traditional principles governing equitable remedies in federal courts, including the requisite inadequacy of legal remedies, apply when a party requests restitution under the UCL and CLRA in a diversity action." After all, situations in which a company would purchase its competitor's products are few and far between. In Korea Supply, the California Supreme Court announced two theories to support a claim for restitution: first, the court looks at whether the plaintiff is seeking the return of money or property that was once in its possession. Semegen v. Weidner, 780 F.2d 727, 731 (9th Cir. In re GlenFed, Inc. Sec. 2001). claim is and the grounds upon which it rests." TrafficSchool.com, Inc. v. Edriver Inc., 653 F.3d 820, 825 (9th Cir. Because Plaintiff has not alleged it is entitled to restitution, the Court GRANTS Defendant's motion to dismiss the restitution claim. 21-1 at 14-17.) 24 at 27. Jan. 18, 2021) ("A non-consumer plaintiff can allege false advertising claims under the UCL and FAL without alleging its own reliance, as long as the plaintiff has alleged a sufficient causal connection. Sonner v. Premier Nutrition Corp., 971 F.3d 834, 844 (9th Cir. pacifica reclining sectional 24.) No. 4th at 1151 (rejecting plaintiff's theory of damages not seeking disgorgement of all defendant's profits but seeking the amount it allegedly would have obtained as a commission it been awarded the contract); see also Tortilla Factory, LLC v Better Booch, LLC, Case No. While in the store, Plaintiff's representatives noted that nearly all items within Defendant's upholstery and dining department and all "14-piece packages" were already marked down with "manager's special"; therefore, the promotion was not applicable to those items. 
), Third, Plaintiff asserts that Defendant misrepresents the quality of its merchandise by falsely overstating the savings consumers can expect to receive. (Dkt. Nat'l Rural Telecomms Co-op. No. Separacin de costuras, agrietamiento y descamacin del cuero y prdida de elasticidad de la espuma. In its prior order, the Court dismissed the claims under Rule 9(b) because the complaint alleged only that customers had frequently complained about the misleading advertisements. ), Defendant is also a retail seller of furniture since 1987 but in contrast to Plaintiff's no-haggle price, its business practices include false and misleading advertising intended to deceive customers into falsely believing that it offers prices and financing that cannot be beaten by Plaintiff or other competitors. The advertisement is misleading because Ashley will only honor either 40% off or 60 months interest-free payments but not both. These products include all of my mattresses and most upholstery items. Duncan v. Stuezle, 76 F.3d 1480, 1489 n.14 (9th Cir. In the unlikely event that your mattress has a factory defect, we will replace it during the stated manufacturers warranty period. 2019) (on motion to dismiss because plaintiff alleged that the statement is literally false, actual deception can be presumed). 2008) (quoting Jarrow Formulas, Inc. v. Nutrition Now, Inc., 304 F.3d 829 (9th Cir. the voters of California passed Proposition 64, which restricts standing for individuals alleging UCL and FAL claims to persons who have suffered injury in fact and have lost money or property as a result of the unfair competition." Recibir una copia de los documentos de su plan de proteccin a travs de la direccin de correo electrnico que proporcion al momento de la compra. If its room temperature, its synthetic. 11-13; id., Ex. Mismatched bedding sets purchased from the Outlet must be accepted as a set at the time of delivery. Oct. 29, 2020) (collecting cases that have "applied Sonner to dismiss complaints in cases involving similar claims at the more familiar early stages of litigation"). (Id.) Second, Defendant contends that Plaintiff has failed to allege facts that the advertisement using "PLUS" was never honored by Ashley. Certain stains, odors, and general wear & tear: Issues caused by misuse or the manufacturer: *All claims must be reported within 30 days of the incident. You can rest assured knowing that the foam has been put through a series of tests to ensure content, indoor emissions and durability meet the strict standards of the CertiPUR-US program. (Dkt. Defendant argues that the claims fail under Rule 9(b) because Plaintiff does not identify a single instance where a customer was refused the combination offer or provide other facts indicating that the advertisement is false or deceptive. Stains from corrosive materials that erode or strip the finish or color. No. pacifica 2020). 3d 905, 924 (N.D. Cal. (Dkt. (Dkt. However, the FAC alleges that when Plaintiff representatives visited Ashley stores, the sales representative told them that the promotion was a choice between a percentage off or extended payments without interest and they could not take advantage of both. Suciedad general en alfombras y quemaduras en lmparas. Food & beverage stains (such as wine, juice, baby formula). Here, Plaintiff claims it is not seeking restitution in the form of disgorgement of Defendant's profits but instead, the loss of Plaintiff's profits due to the diversion of its customers to Defendant's stores due to the misleading advertisements. 24 at 35.) 37.) Plaintiff responds that it has sufficiently alleged facts to put Defendant on notice as to the fraud claims against it. 24 at 27-28.). This service is not available for mattresses/foundations that are delivered via BOBtastic Threshold Delivery, No-Contact Delivery and FedEx. 27.) 20, FAC 25, 27, 55.) Feb. 10, 2021) (inadequate remedy at law applies to all claims for equitable relief) (citing IntegrityMessageBoards.com v. Facebook, Inc., No. A company may purchase its competitor's products to conduct market research or, where the competitor's products are unprotected by intellectual property law, in an attempt to reverse engineer a particular feature. Similarly, in this case, Plaintiff alleges that the amount of damages suffered by it will be difficult to ascertain if the fraudulent acts continue without injunctive relief, and thus, it has no adequate remedy at law. No. al-Kidd v. Ashcroft, 580 F.3d 949, 956 (9th Cir. State-of-the-art temperature sensitive memory foam that conforms to the shape of your body for increased comfort, gentle support and pressure relief. (Id.) Can't agree on plush or firm? at 826. : 20CV1765-GPC(BGS) (S.D. 32.) At the time, the promotion was "50% off plus 60 months no interest" which was in print advertisement and also on the door of Defendant's store. 2:18-cv-02980-CAS(SKx), 2018 WL 4378700, at *10 (C.D. In its prior order, the Court observed that no California state court has addressed whether "competitor plaintiffs must plead their own reliance or whether pleading consumer reliance is sufficient for fraudulent business practice claims brought by competitors" noting a split of authority in the California district courts with a majority view that a plaintiff must alleges its own reliance and not the reliance of third parties.