Augustine v. Talking Rain Beverage Co.

Hon. Cathy Ann Bencivengo, United States District Judge

This matter comes before the Court on Talking Rain Beverage Company Inc.'s *1322("Talking Rain") motion to dismiss. [Doc. No. 14.] The motion has been fully briefed and the Court finds it suitable for determination on the papers and without oral argument. See S.D. Cal. CivLR 7.1(d)(1). For the reasons set forth below, Defendant's motion is granted in part and denied in part.

I. PROCEDURAL BACKGROUND

On November 9, 2018, Plaintiffs filed a consumer class action complaint against Talking Rain, seeking damages and equitable relief for the alleged…