Full title: GOLO, LLC, Plaintiff, v. HIGHER HEALTH NETWORK, LLC, and TROY SHANKS…
Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Case No.: 3:18-cv-2434-GPC-MSB
Date published: Feb 5, 2019
Fact:
Before the Court is Defendants’ Motion to Dismiss Amended Complaint for Failure to State a Claim and also Defendants’ Special Motion to Strike pursuant to Cal. Code Civ. Proc. § 425.16. ECF Nos. 45, 46. Plaintiff GOLO, LLC, sells a weight loss program. GOLO also offers a proprietary supplement to help promote weight loss. Defendants published a review of this supplement, but GOLO alleges that this review was replete with inaccuracies, misleading statements, and blatant falsehoods. Accordingly, GOLO advances claims under federal and state law against Defendants for their allegedly false statements.
Defendants move to dismiss GOLO’s claims on the basis that GOLO has failed to state a plausible claim for relief. Defendants also move to strike GOLO’s state law trade libel claim under California’s anti-strategic lawsuit against public participation (“anti-SLAPP”) statute. For the reasons set forth below, the Court finds that GOLO has not sufficiently pleaded its claims. The Court will GRANT Defendants’ motion to dismiss. Furthermore, because Defendants have not carried their initial burden of making a prima facie showing that GOLO’s claim arises from an act in furtherance of Defendants’ right of petition or free speech in connection with a public issue, the Court will DENY Defendants’ special motion to strike.
Issue:
CONCLUSION:
For the reasons explained above, the Court issues the following rulings:
1. Defendants’ Motion to Dismiss Amended Complaint for Failure to State a Claim, EFC No. 45, is GRANTED. Plaintiff’s Amended Complaint is DISMISSED WITHOUT PREJUDICE to leave to amend.
2. Defendants’ Special Motion to Strike Pursuant to Cal. Code Civ. Proc. § 425.16, ECF No. 46, and for Attorney’s Fees and Costs are DENIED.
3. In the event that Plaintiff wishes to file a Second Amended Complaint, the Second Amended Complaint must be filed no later than twenty days following the filing of this order.
IT IS SO ORDERED.