United States District Court for the Northern District of California, 2022

Kelley v. AW Distributing, Inc.

Kelley v. AW Distributing, Inc.
United States District Court for the Northern District of California · Decided June 8, 2022
Kelley v. AW Distributing, Inc.

Trial Court Opinion

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 7 BRIAN KELLEY, et al., Case No. 20-cv-06942-JSW 8 Plaintiffs, ORDER TO PLAINTIFFS TO SHOW 9 V. CAUSE 10 AW DISTRIBUTING, INC., et al., 11 Defendants.

L E 13 Plaintiffs have asserted claims under California’s Unfair Competition Law and its False || Advertising Law, which provide for restitution and injunctive relief but not damages. Article III 15 || standing is jurisdictional. In addition, “a plaintiff must demonstrate standing for each claim he || seeks to press and for each form of relief that is sought.” Town of Chester, N.Y v. Laroe Estates, i 17 || JInc., 137 S. Ct 1645, 1650 (2017) (quoting Davis v. Fed. Election Comm’n, 554 U.S. 724, 734 Z 18 || (2008)).! It is not evident that Plaintiffs have Article IIT standing to pursue these claims.

19 || Accordingly, Plaintiffs are HEREBY ORDERED TO SHOW CAUSE, in writing, by no later than || June 22, 2022, why those claims should not be dismissed for lack of standing.

21 IT ISSO ORDERED.

22 || Dated: June 8, 2022 / | / nh JEFPREY 9. WHITE } 24 United Sighs \Distrio#/Judge 25 / 28 A plaintiff seeking relief under the UCL or the FAL also must show they lost money or property as a result of the defendant’s conduct. See Cal. Bus. Code §§ 17204, 17535.

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