Opinion
20-cv-06942-JSW
06-08-2022
BRIAN KELLEY, et al., Plaintiffs, v. AW DISTRIBUTING, INC., et al., Defendants.
ORDER TO PLAINTIFFS TO SHOW CAUSE
JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE
Plaintiffs have asserted claims under California's Unfair Competition Law and its False Advertising Law, which provide for restitution and injunctive relief but not damages. Article III standing is jurisdictional. In addition, “a plaintiff must demonstrate standing for each claim he seeks to press and for each form of relief that is sought.” Town of Chester, N.Y v. Laroe Estates, Inc., 137 S.Ct 1645, 1650 (2017) (quoting Davis v. Fed. Election Comm'n, 554 U.S. 724, 734 (2008)). It is not evident that Plaintiffs have Article III standing to pursue these claims. Accordingly, Plaintiffs are HEREBY ORDERED TO SHOW CAUSE, in writing, by no later than June 22, 2022, why those claims should not be dismissed for lack of standing.
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.
IT IS SO ORDERED.