Section 17206 - Civil Penalty for Violation of Chapter

1 Citing brief

  1. David Greenstein v. The Pictsweet Company, et al

    NOTICE OF MOTION AND MOTION to Dismiss Case -- Defendant the Pictsweet Company's Memorandum of Points and Authorities in Support of Motion to Dismiss the Complaint

    Filed August 12, 2016

    The Complaint does neither. Instead, the Complaint sets forth a laundry list of regulations under which Plaintiff’s single count is brought, “regulations including but not limited to: California Business and Professions Code sections 17200, 17203, 17204, 17205, 17206, 17500, 12606(b); 17535 and 17536” (Complaint at 1); states the policy behind enacting California’s nonfunctional slack fill statutes (id. at 2.); and, without any factual support, concludes the “space in the package” he purchased constitutes nonfunctional slack fill (see id. at 3). It is well settled that a complaint requires more than such “labels and conclusions” or “a formulaic recitation of a cause of action’s elements” to overcome a motion to dismiss.