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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBBINS ARROYO LLP BRIAN J. ROBBINS (190264) KEVIN A. SEELY (199982) ASHLEY R. RIFKIND (246602) LEONID KANDINOV (279650) 600 B Street, Suite 1900 San Diego, CA 92101 Telephone: (619) 525-3990 Facsimile: (619) 525-3991 [email protected] [email protected] [email protected] [email protected] LAW OFFICE OF JACK FITZGERALD, PC JACK FITZGERALD (257370) Hillcrest Professional Building 3636 Fourth Avenue, Suite 202 San Diego, CA 92101 Telephone: (619) 692-3840 Facsimile: (619) 362-9555 [email protected] Attorneys for Plaintiff UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA AMY GLOVER, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. THE HONEST COMPANY, INC., and JESSICA WARREN a/k/a JESSICA ALBA, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CLASS ACTION COMPLAINT FOR: (1) VIOLATION OF THE CALIFORNIA CONSUMERS LEGAL REMEDIES ACT; (2) VIOLATION OF THE CALIFORINA FALSE ADVERITSING LAW; (3) VIOLATION OF THE CALIFORNIA UNFAIR COMPETITION LAW; (4) BREACH OF EXPRESS WARRANTY; AND (5) VIOLATION OF THE MAGNUSON-MOSS WARRANTY ACT DEMAND FOR JURY TRIAL '16 CV0812 NLS W Case 3:16-cv-00812-W-NLS Document 1 Filed 04/05/16 Page 1 of 25

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Page 1: ROBBINS ARROYO LLP LEONID KANDINOV (279650) · ROBBINS ARROYO LLP . BRIAN J. ROBBINS (190264) ... detergent, and dish soap ... can make it better…. 14

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ROBBINS ARROYO LLP BRIAN J. ROBBINS (190264) KEVIN A. SEELY (199982) ASHLEY R. RIFKIND (246602) LEONID KANDINOV (279650) 600 B Street, Suite 1900 San Diego, CA 92101 Telephone: (619) 525-3990 Facsimile: (619) 525-3991 [email protected] [email protected] [email protected] [email protected] LAW OFFICE OF JACK FITZGERALD, PC JACK FITZGERALD (257370) Hillcrest Professional Building 3636 Fourth Avenue, Suite 202 San Diego, CA 92101 Telephone: (619) 692-3840 Facsimile: (619) 362-9555 [email protected]

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA AMY GLOVER, Individually and on Behalf of All Others Similarly Situated,

Plaintiff,

v.

THE HONEST COMPANY, INC., and JESSICA WARREN a/k/a JESSICA ALBA,

Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No.: CLASS ACTION COMPLAINT FOR: (1) VIOLATION OF THE CALIFORNIA CONSUMERS LEGAL REMEDIES ACT; (2) VIOLATION OF THE CALIFORINA FALSE ADVERITSING LAW; (3) VIOLATION OF THE CALIFORNIA UNFAIR COMPETITION LAW; (4) BREACH OF EXPRESS WARRANTY; AND (5) VIOLATION OF THE MAGNUSON-MOSS WARRANTY ACT DEMAND FOR JURY TRIAL

'16CV0812 NLSW

Case 3:16-cv-00812-W-NLS Document 1 Filed 04/05/16 Page 1 of 25

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Plaintiff Amy Glover ("Plaintiff"), individually and on behalf of all others

similarly situated, by and through her undersigned counsel, hereby brings this

action against defendants The Honest Company, Inc. ("Honest" or the

"Company") and Honest's co-founder, Jessica Warren also known as Jessica Alba

("Alba") (collectively, the "Defendants"). Plaintiff alleges the following upon her

own knowledge, or where she lacks personal knowledge, upon information and

belief, including the investigation of her counsel.

INTRODUCTION

1. Defendant Honest claims to be a consumer goods company that is

"free from fraud or deception" because it is "genuine, real" and "respectable,

praiseworthy." The truth is, however, that Honest is effectively a marketing

company. It gets its products from other manufacturers and then places the

"Honest" label on them. It uses the "Honest" brand name, which is the subject of

numerous federal trademark and service mark registrations and applications, as a

marketing strategy to convey to consumers that the Company's business practices

and products are honest, truthful, and "free from fraud or deception." In so doing,

Honest intends for consumers, in making their purchasing decisions, to rely on this

overall commercial impression conveyed by the "Honest" brand name.

2. Chief among Honest's specific claims are that its products do not

contain sodium lauryl sulfate ("SLS"). Honest highlights the absence of SLS

because, according to Honest itself, SLS is a "known irritant. This is so well-

known, in fact, that it's commonly used in lab testing to intentionally harm skin."

3. Defendants' claims concerning the absence of SLS are untrue and

misleading. As Defendants admit, Honest's multi-surface cleaner, laundry

detergent, and dish soap contain an ingredient called sodium coco sulfate ("SCS").

SLS is a major ingredient in SCS and many scientists treat SLS and SCS as

interchangeable. In fact, independent testing has found that Honest's laundry

detergent contains the same amount of SLS as Proctor & Gamble Co.'s laundry

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detergent, Tide.

4. Plaintiff and California consumers were misled by Defendants'

statements regarding the absence of SLS from Honest's products, and the use of the

"Honest" brand name for Defendants' products, and bought these products based

on these false, misleading, and deceptive representations. Accordingly, Plaintiff

and the Class (as defined herein) have suffered injury as a result of Defendants'

false advertising, warranty breaches, misbranding, and unlawful marketing of

Honest's products, and brings this class action to remedy Defendants' unlawful

acts.

JURISDICTION AND VENUE

5. This Court has original jurisdiction over all causes of action asserted

herein under the Class Action Fairness Act, 28 U.S.C. §1332(d)(2), because the

matter in controversy exceeds the sum or value of $5,000,000 exclusive of interest

and costs and more than two-thirds of the Class reside in states other than the states

in which Defendants are citizens. This Court also has original jurisdiction pursuant

to 28 U.S.C. §1331 because this action raises a federal question under the

Magnuson-Moss Warranty Act, 15 U.S.C. §§2301, et seq.

6. Venue is proper in this Court pursuant to 28 U.S.C. §1391, because

Plaintiff resides and suffered injury as a result of Defendants' acts in this district,

many of the acts and transactions giving rise to this action occurred in this district,

Defendants conduct substantial business in this district, Defendants have

intentionally availed themselves of the laws and markets of this district, and

Defendants are subject to personal jurisdiction in this district.

PARTIES

7. Plaintiff purchased Honest's multi-surface cleaner, laundry detergent,

and dish soap. Plaintiff relied on Defendants' statements that Honest's multi-

surface cleaner, laundry detergent, and dish soap did not contain SLS. Plaintiff

would not have purchased these products had she known they contained SLS.

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Alternatively, at the very least, Plaintiff paid a premium for Honest's products due

to Defendants' representations that these products were SLS-free. Plaintiff is a

citizen of California.

8. Defendant Honest is a California citizen. It is in the process or has

moved its principal executive offices from 2700 Pennsylvania Avenue, Suite 1200,

Santa Monica, California, to 12130 Millennium Drive, Playa Vista, California.

9. Defendant Alba is Honest's co-founder and public face of the

Company. Honest's website often contains quotes, videos, and other

communications from Alba to consumers. Defendant Alba is a citizen of

California.

DEFENDANTS' DECEPTIVE AND UNTRUE MARKETING

THAT HONEST'S PRODUCTS ARE FREE OF SLS

10. Since at least 2012, Defendants have spent millions of dollars

marketing Honest's multi-surface cleaner, laundry detergent, and dish soap as SLS-

free. Honest's marketing campaign has been continuous, through multiple forms,

and disseminated through all forms of media, including print, television

advertisements and appearances, social media (e.g., Instagram, Twitter, Facebook,

and Pinterest), Honest's website, and multiple third-party websites.

11. In addition to selling through its own website, the Company also sells

its multi-surface cleaner, laundry detergent, and dish soap through traditional brick

and mortar stores, such as Target Corp. and Costco Wholesale Corp.

12. Honest states on its website, products, and in various marketing

materials that its products do not contain SLS. In fact, SLS is one of the items

included in Honest's "Honestly FREE Guarantee," which is prominently featured

on Honest's website and packaging. This guarantee states that "While each product

has a unique guarantee, as a company, we keep a master list of ingredients we'll

never consider for use in anything. Period." Honest then provides its master list,

promising that its products are "Honestly Made Without … SLS/SLES."

Case 3:16-cv-00812-W-NLS Document 1 Filed 04/05/16 Page 4 of 25

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13. Honest also posted an entire article on its blog about the dangers of

SLS. In particular, the article stated:

For many years, SLS was the star surfactant in skincare products,

despite being a known irritant. This is so well-known, in fact, that it's

commonly used in lab testing to intentionally harm skin: Following

application, scientists can compare the effects of untested products

against SLS or test the efficacy of products intended to heal skin.

Widespread concern over the past few years compelled many

companies to look for a gentler alternative. Putting SLS through the

ethoxylation process led to the creation of SLES, a milder surfactant;

it also often produces 1, 4-dioxane, a toxic contaminant and likely

carcinogen. Though the U.S. Food and Drug Administration

recommends that companies strip out this nasty chemical, it's not a

requirement. That's likely why independent testing conducted by the

EWG found this contaminant in 46% of products tested.

SLS and SLES are both included in our Honestly Free Guarantee

which means we'll never use them. We've switched over to sodium

coco sulfate (SCS), which is a gentler alternative always derived from

coconut.

Want your home to be Honestly Free of SLS & SLES?

It's as simple as reading your ingredients labels. Avoid anything that

lists the following: SLS, SLES, sodium lauryl sulfate, sodium dodecyl

sulfate, sodium laureth sulfate, or sodium lauryl ether sulfate. (There

are actually even more names for these two ingredients, but the ones

above are most commonly used in the marketplace.)

Be aware: Many brands that claim to be "natural," "green," or "eco-

friendly" still use these ingredients, so read carefully! If it's a

company you love, ask them to use a safer alternative. Together, we

can make it better….

14. Honest specifically claims that its multi-surface cleaner, laundry

detergent, and dish soap are SLS-free. The following webpage pictures of the

Company's multi-surface cleaner show Honest's promise that the multi-surface

cleaner does not contain SLS, including as part of the "Honestly Free Guarantee":

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15. The Company's laundry detergent webpage shows Honest's promise

that the product does not contain SLS:

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Case 3:16-cv-00812-W-NLS Document 1 Filed 04/05/16 Page 7 of 25

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16. The Company's laundry detergent webpage also prominently displays

the "Honestly Free Guarantee," which states below that the laundry detergent does

not contain SLS:

17. The same is true for the Company's dish soap. The following is a

picture of the dish soap from the Company's website. The picture shows that the

dish soap's label displays the "Honestly Free Guarantee" not to contain SLS:

Case 3:16-cv-00812-W-NLS Document 1 Filed 04/05/16 Page 8 of 25

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18. As with the laundry detergent, the Company prominently displays on

the dish soap webpage the "Honestly Free Guarantee," which states below that the

dish soap does not contain SLS:

19. Notable, Honest's website and packaging recently underwent a

redesign after The Wall Street Journal began reporting that certain of Honest's

products contain SLS (as explained below). While it now states that its products

are "made without SLS," Honest's website and products used to say its products are

"free" of SLS. That following pictures of Honest's dish soap and laundry

detergent, which Plaintiff purchased, show the previous "free of SLS" language.

Case 3:16-cv-00812-W-NLS Document 1 Filed 04/05/16 Page 9 of 25

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Case 3:16-cv-00812-W-NLS Document 1 Filed 04/05/16 Page 11 of 25

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20. Even Honest's new language in is violation of applicable law.

Honest's multi-surface cleaner, laundry detergent, and dish soap list as an

ingredient SCS. SLS, however, is a major component in SCS. As one natural

products website correctly explained:

The process for making sodium coco sulphate is the same as for

sodium lauryl sulfate except now rather than isolate a single fatty acid

from the coconut oil (lauric acid for sodium lauryl sulphate) a broad

cut of saturated fatty acids is used (C12 – C18 saturated fatty acids)

and these are all turned into sulfates. From the typical fatty acid

composition of coconut oil (Table 1) we can see that sodium coco

sulfate would be about 66% sodium lauryl sulfate.

[50/(50+16+8+2)]…. In summary: sodium coco sulfate is largely

SLS, with all the concerns that are linked to that product. Basically it

is just another way to hide SLS in formulations with yet another

name. Both sodium coco sulfate and SLS are synthetic detergents and

should never be part of any natural cleanser. Natural products that are

kind to your skin, and environmentally friendly, will not contain

lauryl sulfate, laureth sulfate, coco sulfate or any of the long list of

other synthetic detergents.1

21. Alan Stone, an environmental chemist at Johns Hopkins University,

also explained that SLS and SCS are the same. In particular, Mr. Stone stated:

The chemical structures of "sodium lauryl sulfate" and "sodium coco

sulfate" are exactly the same…. My guess is that the new name

"sodium coco sulfate" was invented to make it sound "less chemical"

and more friendly, and to imply that it is derived from natural sources

(e.g. coconut oil) instead of synthesized from petroleum feedstock.2

1 Dr. Steve Humphries, Hebe Botanicals Ltd., Consumer Information, Sodium

Coco Sulfate – another synthetic detergent, available at http://www.hebebotanicals

.co.nz/sodium-coco-sulfate-another-synthetic-detergent/.

2 Katherine Ellen Foley, A Chemist Explains Why the Honest Company Toxic

Ingredient Scandal Isn't Really a Scandal, Quartz (Mar. 9, 2016),

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22. On March 10, 2016, The Wall Street Journal published an article,

"Laundry Detergent From Jessica Alba's Honest Co. Contains Ingredient It

Pledged to Avoid." The article revealed that two independent laboratory tests

confirmed the presence of SLS in Honest laundry detergent. One laboratory stated

that Honest's laundry detergent had the same amount of SLS as common laundry

detergent, Tide.

23. Rather than respond truthfully, defendant Alba compounded her false

statements in her reply to The Wall Street Journal article. In a blog post on the

Company's website, Alba stated:

As part of the Honestly Free Guarantee, we chose to use Sodium Coco

Sulfate (SCS) in our laundry detergent because it's a gentler and less

irritating alternative than what's used in many other detergents. Using

SCS in our detergent is just one example of Honest going the extra

mile to create safe and effective products that all of us can feel

confident about using with our families and in our homes.

Accordingly, Alba is attempting to continue the myth that Honest's products do not

contain SLS because they are made from SCS.

24. The Wall Street Journal published a follow up article on March 14,

2016, this time focusing on Earth Friendly Products LLC ("Earth Friendly") and its

connection to Honest. The Wall Street Journal's reporting revealed that Earth

Friendly is the actual manufacturer of Honest's laundry detergent. Earth Friendly

makes its own laundry detergent called "Ecos." Ecos lists the same ingredients as

Honest's laundry detergent. Unlike Honest's laundry detergent, however, Ecos

does not claim to be SLS-free.

25. Earth Friendly had previously claimed that Ecos was SLS-free on its

http://qz.com/642754/a-chemist-explains-why-the-honest-company-toxic-

ingredient-scandal-isnt-really-a-scandal/.

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website. However, according to The Wall Street Journal, Earth Friendly removed

the SLS-free claim after one of Earth Friendly's rivals complained to the Illinois

Attorney General.

26. The Wall Street Journal also reported on the source of Earth

Friendly's (and therefore Honest's) SCS. Earth Friendly's chemical supplier is

Trichromatic West Inc. ("Trichromatic"). Trichromatic, in turn, imports its SCS

from an India-based manufacturer, Galaxy Surfactant Ltd. ("Galaxy"). Galaxy

labels its SCS as SLS. The Wall Street Journal also reported that a representative

of Galaxy told it that "it is 'industry convention' for SCS to be made from palm

kernel oil or coconut oil, and said SLS is one component of SCS."

27. The Wall Street Journal quoted Dr. Joe Schwarcz, a chemistry

professor at McGill University in Montreal, Quebec, that "[t]he difference

[between SLS and SCS] has no practical significance."

28. The Wall Street Journal also talked to Saskia van Gendt, an

environmental scientist and sustainability manager at Method Products PBC, one

of Honest's main competitors. Ms. van Gendt explained to The Wall Street Journal

that to make SCS, chemical processes are applied to unrefined coconut oil and the

result is a mixture that contains a large amount of SLS, in addition to other

compounds. "The fact is that SCS actually contains SLS," according to Ms. van

Gendt.

29. Accordingly, Defendants' claims that Honest's multi-surface cleaner,

laundry detergent and dish soap are SLS-free because they contain SCS are

misleading, deceptive, and untrue.

30. Plaintiff relied on these representations to her detriment. Plaintiff first

purchased Honest's multi-surface cleaner, laundry detergent, and dish soap in June

2014 and has continued to purchase these products since that time. In purchasing

these products, Plaintiff relied on Defendants' statements that they were SLS-free,

including the statements on the packaging of the products. Plaintiff would not

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have bought the products had she known that they contained SLS.

31. Defendants' use of the "Honest" brand name in connection with the

advertising and sale of these products is also misleading, deceptive, and untrue. In

purchasing Honest's multi-surface cleaner, laundry detergent, and dish soap,

Plaintiff also relied to her detriment on the "Honest" brand name on these products,

further mistakenly believing that the Company was being honest and truthful in its

advertising of these products as SLS-free. Had she known that the Company's

advertising was not honest about these products being SLS-free, she would not

have purchased them.

32. Plaintiff will continue to purchase Honest's multi-surface cleaner,

laundry detergent, and dish soup if she can be assured that, so long as these

products are advertised as SLS-free, they in fact honestly are free of SLS.

33. By using false and misleading claims, including the "Honest" brand

name in connection with these products, Defendants were able to command market

prices for Honest's multi-surface cleaner, laundry detergent, and dish soap

significantly above fair market price, and above what their prices would have been

absent Defendants' use of the false and misleading statements, including the

"Honest" brand name.

34. Plaintiff also sustained legally cognizable injury in the form of lost

money as a result of Honest's misbranding and deceptive acts.

CLASS ACTION ALLEGATIONS

35. Plaintiff brings this action individually and on behalf of the following

class pursuant to Rule 23(a) and 23(b)(2) and (3) of the Federal Rules of Civil

Procedure:

All United States residents who, from January 1, 2011 to the present,

purchased Honest's multi-surface cleaner, laundry detergent, or dish

soap products primarily for personal, family, or household use, and

not for resale (the "Class").

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36. Excluded from the Class are the Defendants, any of Honest's parent

companies, subsidiaries, and/or affiliates, officers, directors, legal representative,

employees, co-conspirators, all governmental entities, and any judge, justice, or

judicial officer presiding over this matter.

37. This action is brought and may be properly maintained as a class

action. This action satisfies the numerously, typicality, adequacy, predominance,

and superiority requirements of Federal Rule of Civil Procedure 23.

38. The members in the proposed Class are so numerous that individual

joinder of all members is impracticable, and the disposition of the claims of all

Class members in a single action will provide substantial benefits to the parties and

Court.

39. Questions of law and fact common to Plaintiff and the Class include,

but are not limited to, the following:

(a) whether Honest's multi-surface cleaner contains SLS;

(b) whether Honest's laundry detergent contains SLS;

(c) whether Honest's dish soap contains SLS;

(d) whether SCS contains SLS;

(e) whether Defendants' representations and claims concerning

Honest's multi-surface cleaner, laundry detergent and dish soap are likely to

mislead, deceive, confuse, or confound consumers acting reasonably;

(f) whether Defendants' use of the "Honest" brand name in

connection with advertising and sale of Honest's multi-surface cleaner, laundry

detergent, and dish soap is likely to mislead, deceive, confuse, of confound

consumers acting reasonably;

(g) whether Honest's packaging violates applicable California law;

(h) the proper equitable and injunctive relief;

(i) the proper amount of actual or compensatory damages;

(j) the proper amount of restitution or disgorgement;

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(k) the proper amount of punitive damages; and

(l) the proper amount of reasonable litigation expenses and

attorneys' fees.

40. Plaintiff's claims are typical of Class members' claims in that they are

based on the same underlying facts, events, and circumstances relating to

Defendants' conduct.

41. Plaintiff will fairly and adequately represent and protect the interests

of the Class, has no interests incompatible with the interests of the Class, and has

retained counsel competent and experienced in class action, consumer protection,

and false advertising litigation.

42. Class treatment is superior to other options for resolution of the

controversy because the relief sought for each Class member is small such that,

absent representative litigation, it would be infeasible for Class members to redress

the wrongs done to them.

43. Questions of law and fact common to the Class predominate over any

questions affecting only individual Class members.

44. As a result of the foregoing, Class treatment is appropriate.

COUNT I

(Violation of California's Consumer Legal Remedies Act,

California Civil Code §§1750, Et Seq., Against Defendants)

45. Plaintiff incorporates by reference and realleges each and every

allegation contained above, as though fully set forth herein.

46. Plaintiff and each proposed Class member is a "consumer," as that

term is defined in California Civil Code section 1761(d).

47. Honest's multi-surface cleaner, laundry detergent, and dish soap are

"goods," as that term is defined in California Civil Code section 1761(a).

48. Defendants are "person[s]" as that term is defined in California Civil

Code section 1761(c).

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49. Plaintiff and each proposed Class Member's purchase of Honest's

products constituted a "transaction," as that term is defined in California Civil

Code section 1761(e).

50. Defendant's conduct alleged herein violates the following provisions

of California's Consumer Legal Remedies Act (the "CLRA"):

(a) California Civil Code section 1770(a)(5), by representing that

the SCS products had characteristics, ingredients, uses, and benefits which they do

not have, and further by using the "Honest" brand name in connection with the

SCS products;

(b) California Civil Code section 1770(a)(7), by representing that

the SCS products were of a particular standard, quality, or grade, when they were

of another, including through use of the "Honest" brand name in connection with

the SCS products;

(c) California Civil Code section 1770(a)(9), by advertising

goods with intent not to sell them as advertised; and

(d) California Civil Code section 1770(a)(16), by representing

that the SCS products have been supplied in accordance with previous

representations when they have not.

51. As a direct and proximate result of these violations, Plaintiff and the

Class have been harmed, and that harm will continue unless Defendants are

enjoined from using the "Honest" brand name in any manner in connection with

the advertising and sale of the SCS products, and from representing that the SCS

products are SLS-free.

52. On April 5, 2016, counsel for Plaintiff and the proposed Class

provided Defendants with written notice (via U.S. certified mail, return receipt

requested) that their conduct is in violation of the CLRA. Thus, pursuant to

California Civil Code section 1782, Plaintiff intends to amend this Complaint to

bring a claim for actual damages after the passing of the statutory notice period.

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53. Plaintiff seeks an award of attorney's fees pursuant to, inter alia,

California Civil Code section 1780(e) and California Code of Civil Procedure

section 1021.5.

COUNT II

(Violation of California False Advertising Law, California Business &

Professions Code §§17500, Et Seq., Against Defendants)

54. Plaintiff incorporates by reference and realleges each and every

allegation contained above, as though fully set forth herein.

55. California's False Advertising Law prohibits any statement in

connection with the sale of goods "which is untrue or misleading." Cal. Bus. &

Prof. Code §17500.

56. As set forth herein, Defendants' claims that Honest's multi-surface

cleaner, laundry detergent, and dish soap are free of SLS are literally false and

likely to deceive the public.

57. Defendants' claims that Honest's multi-surface cleaner, laundry

detergent, and dish soap are SLS-free are untrue or misleading.

58. Defendants' use of the "Honest" brand name for these products is false

and misleading and is likely to deceive or confuse the public.

59. Defendants knew, or reasonably should have known, that these claims

were untrue or misleading.

60. Defendants' conduct is ongoing and continuing, such that prospective

injunctive relief is necessary, especially given Plaintiff's desire to purchase these

products in the future if she can be assured that, so long as the products are

advertised as SLS-free, they truly are free of SLS.

61. Plaintiff and members of the Class are entitled to injunctive and

equitable relief, and restitution in the amount they spent on Honest's multi-surface

cleaner, laundry detergent, and dish soap.

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COUNT III

(Violations of the Unfair Competition Law, California Business &

Professions Code §§17200, Et Seq., Against Defendants)

62. Plaintiff incorporates by reference and realleges each and every

allegation contained above, as though fully set forth herein.

63. The Unfair Competition Law prohibits any "unlawful, unfair or

fraudulent business act or practice." Cal. Bus. & Prof. Code §17200.

Fraudulent

64. Defendants' statements that Honest's multi-surface cleaner, laundry

detergent, and dish soap are SLS-free, as set forth herein, are literally false and

likely to deceive the public.

65. Defendants' use of the "Honest" brand name for these products is false

and misleading, and likely to deceive the public.

Unlawful

66. As alleged herein, Defendants have advertised Honest's multi-surface

cleaner, laundry detergent, and dish soap with false or misleading claims, such that

Defendants' actions as alleged herein violate at least the following laws:

• The CLRA, California Business & Professions Code sections 1750, et

seq.; and

• The False Advertising Law, California Business & Professions Code

sections 17500, et seq.

Unfair

67. Defendants' conduct with respect to the labeling, advertising, and sale

of Honest's multi-surface cleaner, laundry detergent, and dish soap is unfair

because Defendants' conduct was immoral, unethical, unscrupulous, or

substantially injurious to consumers and the utility of their conduct, if any, does

not outweigh the gravity of the harm to their victims.

68. Defendants' conduct with respect to the labeling, advertising, and sale

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of Honest's multi-surface cleaner, laundry detergent, and dish soap is also unfair

because it violates public policy as declared by specific constitutional, statutory, or

regulatory provisions, including, but not limited to, the False Advertising Law and

the CLRA.

69. Defendants' conduct with respect to the labeling, advertising, and sale

of Honest's multi-surface cleaner, laundry detergent, and dish soap is also unfair

because the consumer injury is substantial, not outweighed by benefits to

consumers or competition, and not one consumers themselves can reasonably

avoid.

* * *

70. In accordance with California Business & Professions Code section

17203, Plaintiff seeks an order enjoining Defendants from continuing to conduct

business through fraudulent or unlawful acts and practices, including by using the

"Honest" brand name for their SCS products, and to commence a corrective

advertising campaign. Defendants' conduct is ongoing and continuing, such that

prospective injunctive relief is necessary.

71. On behalf of herself and the Class, Plaintiff also seeks an order for the

restitution of all monies from the sale of Honest's multi-surface cleaner, laundry

detergent, and dish soap, which were unjustly acquired through acts of fraudulent,

unfair, or unlawful competition.

COUNT IV

(Breach of Express Warranty, California Commercial Code

§2313, Against Defendants)

72. Plaintiff incorporates by reference and realleges each and every

allegation contained above, as though fully set forth herein.

73. There was a sale of goods from Defendants to Plaintiff and the Class

members.

74. Defendants made affirmations of fact or promises, including their

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"Honesty Free Guarantee," that Honest's multi-surface cleaner, laundry detergent,

and dish soap are SLS-free and SLS is an ingredient that Honest would never use.

These affirmations of fact, promises, and descriptions formed part of the basis of

the bargain. Defendants thus expressly warranted the goods sold.

75. Defendants breached the warranty in that Honest's multi-surface

cleaner, laundry detergent, and dish soap contain SLS.

76. Plaintiff and the Class members suffered injury as a result of

Defendants' breach in that they paid money for products that were not what

Defendants represented.

77. Plaintiff, on behalf of herself and the Class, seeks actual damages for

Defendants' breach of warranty.

COUNT V

(Violation of the Magnuson-Moss Warranty Act, 15 U.S.C. §§2301 et seq.)

78. Plaintiff incorporates by reference and realleges each and every

allegation contained above, as though fully set forth herein.

79. Honest's multi-surface cleaner, laundry detergent, and dish soup are

consumer products within the meaning of 15 U.S.C. §2301(1).

80. Plaintiff and Class members are consumers within the meaning of 15

U.S.C. §2301(3).

81. Defendants are suppliers and warrantors as defined by 15 U.S.C.

§2301(4) and (5).

82. The Magnuson-Moss Warranty Act permits a consumer to recover

damages caused "by the failure of a supplier, warrantor, or service contractor to

comply with any obligation under his [Act], or under a written warranty, implied

warranty, or service contract." 15 U.S.C. §2310(d)(1).

83. Honest's claim, including its "Honesty Free Guarantee," that its SCS

products are SLS-free is a "written warranty" within the meaning of the Act

because it is an "affirmation of fact or written promise made in connection with the

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sale of" the product, "which relates to the nature of the material ... and affirms or

promises that such material ... is defect free or will meet a specified level of

performance...." 15 U.S.C. §2301(6)(A).

84. As set forth herein, Honest's SLS-free claim, and its use of the

"Honest" brand name for these products, are false, misleading, and likely to

deceive the public. As a result, Defendants have breached their express, written

warranty.

85. Defendants have violated the statutory rights of Plaintiff and the Class

pursuant to the Magnuson-Moss Warranty Act, thereby damaging Plaintiff and the

Class. 15 U.S.C. §§2301, et seq.

86. Plaintiff and the Class have been injured as a direct and proximate

result of Defendants' warranty breach because: (i) they would not have purchased

Honest's multi-surface cleaner, laundry detergent, and dish soup at all, or at least

on the same terms, if they had known the products were SLS-free; and (ii) these

products were not sold as promised.

87. Plaintiff, on behalf of herself and the Class, seeks damages, equitable

relief, and attorneys' fees and costs pursuant to 15 U.S.C. §§2310(d)(1)-(2).

PRAYER FOR RELIEF

88. WHEREFORE, Plaintiff, on behalf of herself, all others similarly

situated, prays for judgment against Defendants as to each and every cause of

action, including:

A. An order declaring this action to be a proper class action,

appointing Plaintiff and her counsel to represent the Class, and requiring

Defendants to bear the costs of class notice;

B. An order enjoining Defendants from selling Honest's multi-

surface cleaner, laundry detergent, and dish soap in any manner suggesting or

implying that Honest's multi-surface cleaner, laundry detergent, and dish soap are

SLS-free;

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C. An order enjoining Defendants from using the "Honest" brand

name in any manner in connection with the advertising and sale of Honest's multi-

surface cleaner, laundry detergent, and dish soup;

D. An order requiring Defendants to engage in a corrective

advertising campaign and engage in any further necessary affirmative injunctive

relief, such as recalling existing products;

E. An order awarding declaratory relief, and any further

retrospective or prospective injunctive relief permitted by law or equity, including

enjoining Defendants from continuing the unlawful practices alleged herein, and

injunctive relief to remedy Defendants' past conduct;

F. An order requiring Defendants to pay restitution to restore all

funds acquired by means of any act or practice declared by this Court to be an

unlawful, unfair, or fraudulent business act or practice, untrue or misleading

advertising, or a violation of the Unfair Competition Law, False Advertising Law,

CLRA, or Magnuson-Moss Warranty Act, plus pre-and post-judgment interest

thereon;

G. An order requiring Defendants to disgorge or return all monies,

revenues, and profits obtained by means of any wrongful or unlawful act or

practice;

H. An order requiring Defendants to pay all actual and statutory

damages permitted under the causes of action alleged herein;

I. An order requiring Defendants to pay punitive damages on any

cause of action so allowable;

J. An order awarding attorneys' fees and costs to Plaintiff and the

Class; and

K. An order providing for all other such equitable relief as may be

just and proper.

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JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

Dated: April 5, 2016 ROBBINS ARROYO LLP BRIAN J. ROBBINS KEVIN A. SEELY ASHLEY R. RIFKIND LEONID KANDINOV /s/Brian J. Robbins

BRIAN J. ROBBINS

600 B Street, Suite 1900 San Diego, CA 92101 Telephone: (619) 525-3990 Facsimile: (619) 525-3991 E-mail: [email protected]

[email protected] [email protected] [email protected]

LAW OFFICE OF JACK FITZGERALD, PC JACK FITZGERALD Hillcrest Professional Building 3636 Fourth Avenue, Suite 202 San Diego, CA 92101 Telephone: (619) 692-3840 Facsimile: (619) 362-9555 E-mail: [email protected] Attorneys for Plaintiff

1088355

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I. (a) PLAINTIFFS Amy Glover, Individually and on Behalf of All Others Similarly Situated

(b) County of Residence of First Listed Plaintiff San Diego County, CA (EXCEPT IN U.S. PLAINTIFF CASES)

(C) Attorneys (Firm Name, Address, and Telephone Number) Robbins Arroyo LLP 600 B Street, Suite 1900, San Diego, CA 92101 (619) 525-3990

DEFENDANTS The Honest Company, Inc. and Jessica Warren a/k/a Jessica Alba

County of Residence of First Listed Defendant Los Angeles County, CA (IN U.S. PLAINTIFF CASES ONLY)

NOTE IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an "X" in One Box Only)

0 1 U.S. Government 0 3 Federal Question Plaintiff (US. Government Not a Party)

0 2 U.S. Government 11 4 Diversity Defendant

(Indicate Citizenship ofParties in Item HI)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an 'X" in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant)

PTF DEF PTF DEF Citizen of This State CIC 1 0 I Incorporated or Principal Place 0 4 IR 4

of Business In This State

Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 0 5 of Business In Another State

Citizen or Subject of a 0 3 0 3 Foreign Nation Foreign Country

06 0 6

JS 44 (Rev. 12/12) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)

IV. NATURE OF SUIT (Place an "X" in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES I

0 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 625 Drug Related Seizure 0 422. Appeal 28 USC 158 0 375 False Claims Act 0 120 Marine 0 310 Airplane 0 365 Personal Injury - of Property 21 USC 881 0 423 Withdrawal 0 400 State Reapportionment 0 130 Miller Act 0 315 Airplane Product Product Liability 0 690 Other 28 USC 157 0 410 Antitrust 0 140 Negotiable Instrument Liability 0 367 Health Care/ 0 430 Banks and Banking 0 150 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 0 450 Commerce

& Enforcement of Judgment Slander Personal Injury 0 820 Copyrights 0 460 Deportation 0 151 Medicare Act 0 330 Federal Employers' Product Liability 0 830 Patent 0 470 Racketeer Influenced and 0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal 0 840 Trademark Corrupt Organizations

Student Loans 0 340 Marine Injury Product 0 480 Consumer Credit (Excludes Veterans) 0 345 Marine Product Liability LABOR SOCIAL SECURITY 0 490 Cable/Sat TV

0 153 Recovery of Overpayment Liability PERSONAL PROPERTY 0 710 Fair Labor Standards 0 861 HIA (1395ff) 0 850 Securities/Commodities/ of Veteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung (923) Exchange

0 160 Stockholders' Suits 0 355 Motor Vehicle 0 371 Truth in Lending 0 720 Labor/Management 0 863 DIWC/DIWW (405(g)) 0 890 Other Statutory Actions 0 190 Other Contract Product Liability 0 380 Other Personal Relations 0 864 SSID Title XVI 0 891 Agricultural Acts 0 195 Contract Product Liability M 360 Other Personal Property Damage 0 740 Railway Labor Act 0 865 RSI (405(g)) 0 893 Environmental Matters 0 196 Franchise Injury 0 385 Property Damage 0 751 Family and Medical 0 895 Freedom of Information

0 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice 0 790 Other Labor Litigation 0 896 Arbitration

I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 0 791 Employee Retirement FEDERAL TAX SUITS 0 899 Administrative Procedure 0 210 Land Condemnation 0 440.0ther Civil Rights Habeas Corpus: . Income Security Act 0 870 Taxes (U.S.-Plaintiff Act/Review or Appeal of 0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee or Defendant) Agency Decision 0 230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate 0 871 IRS—Third Party 0 950 Constitutionality of 0 240 Torts to Land 0 443 Housing/ Sentence 26 USC 7609 State Statutes 0 245 Tort Product Liability Accommodations 0 530 General 0 290 All Other Real Property 0 445 Amer. w/Disabilities - 0 535 Death Penalty IMMIGRATION

Employment Other: 0 462 Naturalization Application 0 446 Amer. w/Disabilities - 0 540 Mandamus & Other 0 465 Other Immigration

Other 0 550 Civil Rights Actions 0 448 Education 0 555 Prison Condition

0 560 Civil Detainee - Conditions of Confinement

V. ORIGIN (Place an "X" is One Box Only)

)81 1 Original 0 2 Removed from Proceeding

State Court 0 3 Remanded from

Appellate Court

0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict Reopened Another District Litigation

(speci,b,)

VII. REQUESTED IN COMPLAINT:

VIII. RELATED CASE(S) IF ANY (See instructions):

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Class Action Fairness Act of 2005, 28 U.S.C. §1332 Brief description of cause: Violations of Cal. CLRA, Cal. UCL, and Magnuson-Moss Warranty Act; and Breach of Express Warranty

CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:

JURY DEMAND: A Yes 0 No UNDER RULE 23, F.R.Cv.P.

JUDGE

DOCKET NUMBER

DATE

SIGNATURE OF ATTORNEY OF RECORD

04/05/2016

s/Brian J. Robbins FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAO. JUDGE

'16CV0812 NLSW

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JS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)".

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an in one of the boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.)

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the six boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

Case 3:16-cv-00812-W-NLS Document 1-1 Filed 04/05/16 Page 2 of 2