Summary
finding that the defendant's representations that its beverages were sold "in cups of various sizes . . . could [not] support a breach of express warranty claim" under California law because a reasonable consumer would not have interpreted the defendant's representation to be an affirmation of fact or description regarding the "specific amount of liquid" in the defendant's beverages
Summary of this case from Atik v. Welch Foods, Inc.Opinion
CV 16-3830 PA (AGRx)
08-19-2016
JUDGMENT
Pursuant to the Court's August 19, 2016 Minute Order granting the Motion to Dismiss filed by defendant Starbucks Corporation ("Defendant"), which dismissed all of the claims asserted by plaintiff Alexander Forouzesh ("Plaintiff"),
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant shall have judgment in its favor against Plaintiff.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff's claims are dismissed with prejudice. // // //
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff take nothing and that Defendant shall have its costs of suit.
IT IS SO ORDERED. DATED: August 19, 2016
/s/_________
Percy Anderson
UNITED STATES DISTRICT JUDGE