DIANE STEIN VS BUILD.COM, INC.

STEIN v. BUILD.COM, INC.

DEMURRER TO FIRST AMENDED COMPLAINT

MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT

TENTATIVE RULING

Overrule demurrer in full; grant the motion to strike the references to restitution, without leave to amend; deny the motion to strike the references to injunctive relief.

DISCUSSION

I. Background

Plaintiff Diane Stein has brought the instant putative consumer class action against Defendant Build.com, Inc. Build.com is a large e-commerce retailer of name brand kitchen and bath plumbing products and other home building materials and supplies. [First Amended Complaint (“FAC”), ¶1.] Plaintiff alleges that Defendant uses deceptive, phantom discount pricing, and has tricked, and continues to trick, its customers into mistakenly believing they are saving specific and substantial amounts on name brand items. [Id.] According to Plaintiff, she shopped at Defendant........