Demurrer to First Amended Complaint
Moving Party: Defendant Ecolab, Inc. Responding Party: Plaintiff Leigh Hoerner
Ruling: Defendant’s demurrer to the eleventh and twelfth causes of action in Plaintiff’s Second Amended Complaint (“SAC”) is sustained. Should Plaintiff desire to file an amended complaint that addresses the issues in this ruling, Plaintiff must file and serve it within 15 days of service of the notice of ruling.
The UCL prohibits “unfair competition,” which is defined as “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” (Bus. & Prof. Code § 17200.) California’s false advertising law ) Bus. & Prof. Code § 17500) is equally comprehensive within the narrower field of false and misleading advertising. (Kwikset Corp. v. Superior Court (2011) 51 Cal.4th 310, 320.) While the substantive reach of these statutes remains expansive, California’s electorate has curtailed the universe of those who may enforce their p
Hearing Date
June 07, 2021
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Demurrer to First Amended Complaint
Moving Party: Defendant Ecolab, Inc. Responding Party: Plaintiff Leigh Hoerner
Ruling: Defendant’s demurrer to the eleventh and twelfth causes of action in Plaintiff’s Second Amended Complaint (“SAC”) is sustained. Should Plaintiff desire to file an amended complaint that addresses the issues in this ruling, Plaintiff must file and serve it within 15 days of service of the notice of ruling.
The UCL prohibits “unfair competition,” which is defined as “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” (Bus. & Prof. Code § 17200.) California’s false advertising law ) Bus. & Prof. Code § 17500) is equally comprehensive within the narrower field of false and misleading advertising. (Kwikset Corp. v. Superior Court (2011) 51 Cal.4th 310, 320.) While the substantive reach of these statutes remains expansive, California’s electorate has curtailed the universe of those who may enforce their p