Legal Opinion

Kwan v. SanMedica International

Court of Appeals for the Ninth Circuit

Decided April 21, 2017No. 15-15496PublishedCited by 299 opinions

1Opinion of the Court

OPINION

ERICKSON, District Judge:

Serena Kwan appeals from the district court judgment dismissing her second amended complaint for failing to state a claim upon which relief can be granted. 1 The district court correctly concluded that California law does not provide for a private cause of action to enforce the substantiation requirements of California’s unfair competition and consumer protection laws. Further, the district court did not err in concluding that Kwan’s second amended complaint failed to allege facts that would support a finding that SanMedica International’s claims regarding its…

2Cases cited21 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
  3. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  4. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.California Supreme Court · 1999
  5. Kwikset Corp. v. Superior CourtCalifornia Supreme Court · 2011

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3Cited by299 opinions

  1. Jennifer Beardsall v. CVS Pharmacy, IncorporatedCourt of Appeals for the Seventh Circuit · 2020
  2. MacNaughton v. Young Living Essential Oils, LCCourt of Appeals for the Second Circuit · 2023
  3. Richard Dent v. NflCourt of Appeals for the Ninth Circuit · 2018
  4. Marroquin v. Pfizer, Inc.District Court, E.D. California · 2019
  5. Deerpoint Grp., Inc. v. Agrigenix, LLCDistrict Court, E.D. California · 2018

294 more not listed; retrieve them via the Exa API.

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