UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
July 26, 2011
CARLA BURDEWICK, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED,
LESLIE'S POOLMART, INC., A DELAWARE CORPORATION; AND DOES 1 THROUGH 50, INCLUSIVE,
The opinion of the court was delivered by: Judge: Honorable John A. Mendez
ORDER REGARDING DEFENDANT LESLIE'S POOLMART, INC.'S MOTION TO DISMISS PLAINTIFF'S CLASS ACTION COMPLAINT
Date: July 20, 2011
Time: 9:30 a.m.
Dept: Courtroom 6
On May 12, 2011, Defendant Leslie's Poolmart, Inc. (hereinafter referred to as "Defendant") filed a motion pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the 22 claims asserted in the complaint by Plaintiff Carla Burdewick (hereinafter referred to as "Plaintiff") on the grounds that the complaint fails to state a claim upon which relief may be 24 granted. Plaintiff filed an opposition to the motion and Defendant filed a reply. The motion was 25 heard on July 20, 2011 with Judge John A. Mendez presiding. At oral argument, James M. Lindsay appeared on behalf of Plaintiff and the putative class and Robert B. Carey appeared on 27 behalf of Defendant.
Upon review of the papers and documents filed in support of and in opposition to the motion, having heard the oral arguments of counsel and good cause appearing therefor, the Court 3 finds that Plaintiff has sufficiently stated a cause of action for violation of California Civil Code § 1747.08.
Accordingly, Defendant's motion to dismiss Plaintiff's complaint is DENIED.
IT IS SO ORDERED.
John A. Mendez The Honorable John A. Mendez UNITED STATES DISTRICT COURT JUDGE
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