Lisa Mollicone v. Universal Handicraft, Inc. et al

Filing 40

MINUTES OF Motion Hearing held before Judge Christina A. Snyder RE: Defendant Universal Handicraft, Inc.'s ("UHI") Motion to Dismiss 28 ; Specially Appearing Defendant Shay Sabag Segev's Motion Dismiss 29 . The Court: GRANTS Seg ev's motion to dismiss the FAC and DISMISSES plaintiffs claims against Segev without prejudice; DENIES UHI's motion to dismiss plaintiffs claims for injunctive relief; DENIES UHI's motion to dismiss plaintiffs claims pertaining to any product other than the CELLMAX kit; GRANTS UHI's motion and DISMISSES without prejudice plaintiffs claims that are based on laws other than those of California and New Jersey; DENIES UHI's motion to dismiss plaintiffs fraud-based claims; To the extent UHi requests that the Court dismiss plaintiffs CLRA, UCL, FAL, and CF A claims on the grounds that plaintiff only alleges lack of substantiation, the Court DENIES UHI's motion; GRANTS UHI's motion to dismiss plaintiffs MMWA clai m and DISMISSES that claim without prejudice; DENIES UHI's motion to dismiss plaintiffs claims that are predicated on allegations that defendants' labels are misleading; GRANTS UHI's motion to dismiss plaintiffs claims that are predica ted on allegations that defendants are marketing unapproved new drugs unlawfully, and DISMISSES any such claims without prejudice; GRANTS UHI's motion to dismiss plaintiffs claim for declaratory relief and DISMISSES that claim without prejudice; and DENIES UHI's motion to dismiss plaintiffs unjust enrichment claim. Plaintiff shall have 21 days from the date of this order to file a second amended complaint addressing the deficiencies identified in this order. See document for further details. Court Reporter: Laura Elias. (gk)