Kelley v. AW Distributing, Inc.

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BRIAN KELLEY, et al., Case No. 20-cv-06942-JSW 8 Plaintiffs, ORDER TO PLAINTIFFS TO SHOW 9 V. CAUSE 10 AW DISTRIBUTING, INC., et al., 11 Defendants. L E 13 Plaintiffs have asserted claims under California’s Unfair Competition Law and its False 14 || Advertising Law, which provide for restitution and injunctive relief but not damages. Article III 3 15 || standing is jurisdictional. In addition, “a plaintiff must demonstrate standing for each claim he 16 || seeks to press and for each form of relief that is sought.” Town of Chester, N.Y v. Laroe Estates, i 17 || JInc., 137 S. Ct 1645, 1650 (2017) (quoting Davis v. Fed. Election Comm’n, 554 U.S. 724, 734 Z 18 || (2008)).! It is not evident that Plaintiffs have Article IIT standing to pursue these claims. 19 || Accordingly, Plaintiffs are HEREBY ORDERED TO SHOW CAUSE, in writing, by no later than 20 || June 22, 2022, why those claims should not be dismissed for lack of standing. 21 IT ISSO ORDERED. 22 || Dated: June 8, 2022 / | / nh JEFPREY 9. WHITE } 24 United Sighs \Distrio#/Judge 25 / 26 27 28 A plaintiff seeking relief under the UCL or the FAL also must show they lost money or property as a result of the defendant’s conduct. See Cal. Bus. Code §§ 17204, 17535.