Case 2:21-cv-00573-JAM-JDP Document 1 Filed 03/29/21 Page 1 of 19
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`BROWNE GEORGE ROSS
`O’BRIEN ANNAGUEY & ELLIS LLP
`Keith J. Wesley (State Bar No. 229276)
` kwesley@bgrfirm.com
`Matthew L. Venezia (State Bar No. 313812)
` mvenezia@bgrfirm.com
`2121 Avenue of the Stars, Suite 2800
`Los Angeles, California 90067
`Telephone: (310) 274-7100
`Facsimile: (310) 275-5697
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`Attorneys for Plaintiff
`Kamille Faye Vinluan-Jularbal
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`UNITED STATES DISTRICT COURT
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`EASTERN DISTRICT OF CALIFORNIA
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`KAMILLE FAYE VINLUAN-JULARBAL,
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`Plaintiff,
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` Case No.
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`COMPLAINT FOR:
`(1) VIOLATION OF CALIFORNIA’S
`UNFAIR COMPETITION LAW; AND
`(2)VIOLATION OF CALIFORNIA’S
`CONSUMER LEGAL REMEDIES ACT.
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`vs.
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`REDBUBBLE, INC.,
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`Defendant.
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`COMPLAINT
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`Case 2:21-cv-00573-JAM-JDP Document 1 Filed 03/29/21 Page 2 of 19
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`Plaintiff Kamille Faye Vinluan-Jularbal (“Plaintiff”) brings this Complaint individually,
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`and on behalf of all persons similarly situated, against Defendant Redbubble, Inc. (“Redbubble”),
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`and alleges as follows:
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`1.
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`Plaintiff Kamille Faye Vinluan-Jularbal is an individual residing in Elk Grove,
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`California.
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`2.
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`Plaintiff is informed and believes, and thereon alleges, that defendant Redbubble is
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`a Delaware corporation with its principal place of business in San Francisco, California.
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`JURISDICTION AND VENUE
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`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §
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`1332(d)(2)(A) because the amount in controversy well exceeds $5 million and Plaintiff represents
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`a putative nationwide class that includes well in excess of 100 members, and upon information
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`and belief, includes members from each of the other 49 states besides California.
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`4.
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`Venue in this district is proper pursuant to 28 U.S.C. § 1391 because Plaintiff
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`resides in and made her purchases within this district, and thus, a substantial part of the events or
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`omissions that gave rise to the claims asserted herein occurred within this district.
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`5.
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`This Court has personal jurisdiction over Redbubble because, upon information and
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`belief, Redbubble maintains its principal place of business in California. This Court also has
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`personal jurisdiction over Redbubble because Redbubble regularly markets and sells goods,
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`including goods at issue in this case, to customers in California, and specifically in this district.
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`GENERAL ALLEGATIONS
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`Redbubble Encourages Counterfeiting and Infringements on Its Website, and
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`Sells a Massive Amount of Counterfeit and Infringing Products
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`Founded in 2006, Redbubble describes its mission as “Bringing more creativity
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`into the world.” But, in reality, its website is saturated with counterfeit and infringing products,
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`with sales of such products accounting for millions upon millions of dollars in yearly revenue to
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`Redbubble.
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`7.
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`Through Redbubble’s website, www.redbubble.com, visitors can upload designs.
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`Case 2:21-cv-00573-JAM-JDP Document 1 Filed 03/29/21 Page 3 of 19
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`Redbubble then affixes the designs to its stock photos of blank products to provide customers with
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`a picture of what the design will look like when printed on a physical product, i.e., the final
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`product. Redbubble displays the designs on a large variety of types of products—from t-shirts to
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`phone cases to stickers to prints, among other things—pictured on the site.
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`Redbubble offers for sale the products on display, using the final product photos in
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`product listing pages hosted by Redbubble on its site. An example of a product listing page from
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`www.redbubble.com is picture below. (To be clear, Redbubble does not sell authentic Nike
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`merchandise. This product is a counterfeit.)
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`9.
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`If a visitor to the site orders a product, upon information and belief, Redbubble then
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`transmits the order to one of its partners to be printed on a blank physical product. This business
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`model is commonly referred to as “print-on-demand” because companies like Redbubble do not
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`hold inventory of finished products, but instead print or facilitate the printing of the designs on
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`physical products when an order is placed.
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`10.
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`Redbubble handles every aspect of the sales made on www.redbubble.com.
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`Customers complete their purchases on the site, with Redbubble taking their payment information,
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`processing the payments, and depositing the money into their account. Once the order is complete,
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`Redbubble provides order confirmations on its site and by e-mail, providing customers with
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`Case 2:21-cv-00573-JAM-JDP Document 1 Filed 03/29/21 Page 4 of 19
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`tracking numbers for shipment of their purchases. All customer service is provided by Redbubble.
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`Again, once an order is placed, upon information and belief, Redbubble sends the
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`order to one of its partners to be printed. Redbubble pays the printer to manufacture the item and
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`exercises control over the operations of the printers, including site visits to ensure the printers are
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`following its manufacturing standards.
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`12.
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`Redbubble further provides its printing partners with Redbubble packaging for the
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`products to be sent to customers, examples of which are pictured below:
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`13.
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`Once Redbubble’s printing partners place the products in Redbubble packaging,
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`they deposit the items with major carriers for delivery to customers. Redbubble maintains
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`agreements with these carriers, and shipment is made according to the method selected and paid
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`for by customers on www.redbubble.com.
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`14. When a sale is made by Redbubble, Redbubble pays a portion of the sales proceeds
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`to the user who originally uploaded the design, but keeps the majority of the proceeds for itself.
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`Using this business model, Redbubble is advertising, marketing, creating,
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`displaying, offering for sale, selling, distributing, and profiting from massive quantities of
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`counterfeit and infringing products. Many of the counterfeit and infringing products incorporate
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`exact replicas of registered trademarks (on products in the classes for which the marks are
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`registered) and copyrighted materials. Other products infringe upon unregistered trademarks and
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`trade dress. This infringement has ranged from any well-known brand one could think of to lesser
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`known intellectual properties. A few examples of such infringing products are pictured below:
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`Case 2:21-cv-00573-JAM-JDP Document 1 Filed 03/29/21 Page 5 of 19
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`Case 2:21-cv-00573-JAM-JDP Document 1 Filed 03/29/21 Page 6 of 19
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`16.
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`Redbubble’s infringement is knowing and willful, as evidenced by (a) the sheer
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`quantity of different counterfeit and infringing designs being sold by Redbubble, (b) the exact
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`duplication of a variety of iconic intellectual properties, and (c) Redbubble’s pattern and practice
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`of infringing upon the intellectual property rights of well-known brands.
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`17. Moreover, unlike many of its competitors, Redbubble refuses to disable use of
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`well-known trademarks as keywords on its platform. This allows Redbubble users to label items,
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`for example, as “nike Classic T-Shirt,” and Redbubble customers to easily locate such an item by
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`searching for “nike.” Because Redbubble places a significant amount of online advertisements,
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`when a customer searches for “nike” (or other well-known trademarks) on a search engine like
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`Google, upon information and belief, the counterfeit items sold by Redbubble appear side-by-side
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`in the search results with authentic products.
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`Redbubble also refuses to proactively search for counterfeit or infringing items on
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`its website. Upon information and belief, it is Redbubble’s policy to not monitor its website for
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`counterfeits or infringing items unless it has previously received a takedown notice from or been
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`sued by the rights holder. So far as Redbubble believes, they are free to sell knockoffs from any
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`well-known brand up and until the point they get caught by the owner.
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`Even where Redbubble receives a complaint and removes an infringing item from
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`its website, it many times does not block the user from uploading further designs to the platform.
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`An analysis of data collected by one third-party company that is retained by rights holders to
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`police infringements on Redbubble shows that, just as to their clients, 412 Redbubble users had to
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`be reported three or more times before being banned from the platform, with one user being
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`reported 34 times.
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`20.
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`Redbubble’s 2019 Annual Report bragged that 76% of its product revenue
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`originated from “authentic sellers.” Taking Redbubble at its word, this means that 24% of its sales
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`were “inauthentic” or infringing, which would mean Redbubble sold approximately $46.56
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`million worth of infringing products in 2019. This is the self-reported number. Upon information
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`and belief, the percentage of infringing products sold by Redbubble significantly exceeds 24%,
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`and Redbubble’s yearly sales of infringing products are significantly higher than $46.56 million.
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`Case 2:21-cv-00573-JAM-JDP Document 1 Filed 03/29/21 Page 7 of 19
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`Unsurprisingly, Redbubble has been sued for trademark and copyright infringement
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`in Federal courts on multiple occasions. Redbubble has also been found liable for infringement in
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`its home country of Australia.
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`22. While Plaintiff understands that Redbubble does employ some amount of “content
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`moderators” ostensibly tasked with removing infringing products from the site when Redbubble
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`receives complaints from third parties, the continued infringements on www.redbubble.com are
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`convincing evidence that Redbubble’s content moderation policies are woefully deficient to avoid
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`infringements on its site. While Redbubble makes arguments as to the difficulties in policing the
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`amount of products on its site, Redbubble earns hundreds of millions of dollars in revenue each
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`year. If it truly desired to avoid infringements, it could do so by allocating additional resources,
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`e.g., by hiring more content moderators. At minimum, its failure to do so is willful blindness.
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`23.
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`Redbubble is indisputably aware that it is required to obtain licenses to sell items
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`emblazoned with third-parties’ intellectual property. It created a “Brand Partnership” program,
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`allowing users to make designs using certain third-parties’ intellectual property. The website for
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`the program notes that “it’s important to remember and respect the wishes of the Rights Holders,
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`who have developed all the brands you want to use in your artwork.”
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`24. While Redbubble is required to obtain a license to sell such merchandise, that
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`Redbubble obtains a license for some minority of its products only adds to the confusion for
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`consumers. That is, consumers are not aware of the terms of every licensing deal obtained by
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`Redbubble, rendering it nearly impossible for average Redbubble consumers to determine whether
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`they are buying licensed merchandise, or illegal counterfeits/infringing products. The licensed
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`products are sold alongside the counterfeits and infringing products.
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`B.
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`Redbubble Chooses to Retain the Sales Proceeds From Counterfeit and
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`Infringing Products, Even After the Sales Are Identified as Infringing
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`Redbubble reported $322.8 million in revenue for 2020, $238.1 million in revenue
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`Case 2:21-cv-00573-JAM-JDP Document 1 Filed 03/29/21 Page 8 of 19
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`for 2019, $179.4 million in revenue for 2018, and $136 million for 2017.1
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`Given the large volume of counterfeit and infringing items for sale on Redbubble,
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`upon information and belief, a significant percentage of these revenues result from Redbubble’s
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`sale of illegal counterfeits and infringing products. Again, in 2019, Redbubble self-reported that
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`24% of its sales originated from non-authentic sellers. While Plaintiff believes the actual
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`percentage is significantly higher, applying Redbubble’s own percentage across 2017–2020,
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`Redbubble would have sold a staggering $210.3 million in counterfeit and infringing goods in its
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`past four fiscal years.
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`Redbubble retains the revenues from the sales of counterfeit and infringing
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`products on www.redbubble.com.
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`Upon information and belief, Redbubble has removed a large quantity of
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`counterfeit and infringing products from www.redbubble.com pursuant to third-party complaints
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`and lawsuits.
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`29.
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`Even where items have been identified as infringing and removed by Redbubble, as
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`described above, upon information and belief, Redbubble does not refund payments received for
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`prior sales of those products. Redbubble thus knowingly retains proceeds from the sales of such
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`illegal counterfeit and infringing goods.
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`30. While lawsuits filed by rights holders against Redbubble may ultimately provide
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`some level of recompense to the small minority of intellectual property owners that expend the
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`resources to file a lawsuit against Redbubble, they provide Redbubble’s customers with no
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`compensation. Redbubble customers never receive what they paid for—legal non-infringing
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`goods—instead receiving only knockoffs with little to no value.
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`C.
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`Redbubble Unfairly Competes With Intellectual Property Owners and
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`Licensees
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`By selling products emblazoned with intellectual property owned by third parties,
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`1 Redbubble reports its revenue in Australian currency. These figures have been converted to
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`United States dollars using an online currency converter and rounded.
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`without obtaining a license to do so, Redbubble violates the Lanham Act and Copyright Act and
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`engages in unfair competition.
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`32. Many companies sell products emblazoned with their own trademarks and
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`copyrights, for example, Nike sells apparel emblazoned with “Nike.” By selling counterfeits and
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`infringing products, Redbubble directly takes sales from such companies.
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`33. Moreover, many companies sell licensed merchandise, for which they must pay a
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`fee to obtain a license from the licensor. This is a significant cost for these companies and inherent
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`in this business model. By failing to pay for licenses and instead selling counterfeits and infringing
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`products, Redbubble does not incur the same cost, and is able to undercut its competitors on
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`price/keep a larger percentage of the sales revenue. (In addition to depriving rights holders of
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`licensing fees.)
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`34.
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`Upon information and belief, if Redbubble’s counterfeit and infringing products
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`were not in the marketplace, a significant number of Redbubble’s customers would instead
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`purchase their products from the intellectual property holders or official licensees, that comply
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`with the Lanham Act and Copyright Act.
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`Plaintiff Unwittingly Purchased Counterfeit and Infringing Products From
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`Redbubble, Not Receiving What She Paid For
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`Plaintiff placed two orders with Redbubble, each of which included infringing
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`products. On or about December of 2020, Plaintiff ordered a United Nations sweatshirt from the
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`Redbubble website. Below is a comparison of the product purchased by Plaintiff, on the left, and
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`authentic merchandise taken from the United Nations’ website, on the right.
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`36.
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`The United Nations emblem and wordmark are trademarks owned by the United
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`Nations Organisation, registered with the United States Patent and Trademark Office at Serial
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`Nos. 89000156 and 89000157.
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`37.
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`These marks are well-known in the public domain and serve a source identifying
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`function with the United Nations. The United Nations itself sells merchandise and apparel
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`emblazoned with the United Nations wordmark and its famous emblem on its website.
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`On or about January of 2021, Plaintiff ordered a “Dadalorian” sweatshirt from the
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`Redbubble website. Below is a comparison of the product purchased by Plaintiff, on the left, and
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`an example of the official logo from The Mandalorian television series from which this design
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`was copied, on the right.
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`39.
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`As can be seen on the right, The Mandalorian’s logo has an original image that is
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`visible through the individual letters. The “Dadalorian” sweatshirt copies that original image.
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`Specifically, inside the “A” is a silhouette of the protagonist, inside the “D”, “O”. and “N” are
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`structures, and a coastline is visible through each of the letters.
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`40.
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`The only difference in the designs are the letters themselves, the infringing design
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`replacing “MAN” with “DA.” This itself is a reference to the series because the protagonist in The
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`Mandalorian acts as a father figure to a character affectionately known as “Baby Yoda.”
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`41.
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`At the absolute minimum, the Redbubble image is substantially similar to the
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`copyrighted The Mandalorian image.
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`42.
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`The Mandalorian image copied in Redbubble’s product is copyrighted by Disney,
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`all rights reserved. Disney did not authorize any use of the copyrighted material by Redbubble.
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`In purchasing these products, Plaintiff was unaware of their infringing nature, or
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`that the products were sold in violation of the Lanham Act and Copyright Act. Had Plaintiff
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`1769995.2
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`COMPLAINT
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`Case 2:21-cv-00573-JAM-JDP Document 1 Filed 03/29/21 Page 12 of 19
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`known, she would not have purchased the products. Indeed, these particular products were chosen
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`due to an affinity for the United Nations, and The Mandalorian series. Plaintiff would not have
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`knowingly supported counterfeiters and infringers of such intellectual property rights.
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`44.
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`Plaintiff relied in good faith on Redbubble’s compliance with applicable laws when
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`purchasing these products.
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`45.
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`Further, upon information and belief, these products were of lesser quality than
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`would have been required for authentic merchandise licensed by either the United Nations or
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`Disney.
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`46.
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`Intending to purchase authentic, legal products, Plaintiff did not receive what she
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`paid for. The products are of lesser quality than authentic licensed merchandise, and because the
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`products were purchased due to their connection with the United Nations and The Mandalorian,
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`with the products being knockoffs, they have zero value to Plaintiff.
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`CLASS ACTION ALLEGATIONS
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`47.
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`Plaintiff brings this action on behalf of herself and a putative class of Redbubble
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`customers who are similarly situated under Rules 23(a), (b)(2), and (b)(3) of the Federal Rules of
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`Civil Procedure (the “Customer Class").
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`48.
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`The Customer Class seeks equitable restitution pursuant to California’s UCL, and
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`injunctive relief, and is defined as follows:
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`
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`All persons or entities in the United States that have purchased counterfeit or
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`infringing products from Redbubble, by way of its website, www.redbubble.com.
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`For the purposes of this class, counterfeit or infringing products are defined to
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`include all products sold in violation of the Lanham Act and Copyright Act, or
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`similar state-law statutes.
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`49.
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`Upon information and belief, given that Redbubble’s revenue is in the hundreds of
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`millions of dollars per year, and given the volume of counterfeit and infringing products available
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`on Redbubble’s website, this class includes, at minimum, tens of thousands of Redbubble
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`customers located throughout the United States. The exact number and identities of the Customer
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`Class is known or readily ascertainable by Redbubble, and the number of persons who fall within
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`1769995.2
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`-11-
`COMPLAINT
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`Case 2:21-cv-00573-JAM-JDP Document 1 Filed 03/29/21 Page 13 of 19
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`the definition of the Customer Class is so numerous and geographically dispersed as to make
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`joinder of all members of the Customer Class in their individual capacity impracticable,
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`inefficient, and unmanageable so as to effectively deny each putative Customer Class member his,
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`her, or their right to obtain relief based on the claims and allegations made in this Complaint.
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`50.
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`There are common questions of law and fact as to the Customer Class, relating to
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`and/or dispositive of the allegations of unlawful conduct made in the Complaint, and relating to
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`and/or dispositive of the common pattern of alleged injury and harm caused by that unlawful
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`conduct and sustained by the putative members of the Customer Class, including, but not limited
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`to:
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`
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`Whether Redbubble is sufficiently involved in the infringing sales made on
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`www.redbubble.com to be deemed the seller of the infringing products.
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`Whether Redbubble engages in volitional conduct when it comes to the sales of
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`infringing products on www.redbubble.com.
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`Whether Redbubble is in a partnership with its printers, such as to give rise to
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`liability for vicarious trademark infringement.
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`Whether Redbubble exercises control and monitoring of www.redbubble.com and
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`knows or has reason to know its users are engaging in infringement, such as to give
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`rise to contributory trademark infringement.
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`Whether Redbubble has the right and ability to supervise the infringing activity on
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`www.redbubble.com and a direct financial interest in the same, such as to give rise
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`to liability for vicarious copyright infringement.
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`Whether Redbubble has knowledge of the infringements on www.redbubble.com
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`and either (a) materially contributes to or (b) induces that infringement, such as to
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`give rise to liability for contributory trademark infringement.
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`Whether Redbubble engages in willful blindness when it comes to the sales of
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`infringing products on www.redbubble.com.
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`1769995.2
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`-12-
`COMPLAINT
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`Case 2:21-cv-00573-JAM-JDP Document 1 Filed 03/29/21 Page 14 of 19
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`Whether the value of the infringing goods sold by Redbubble are lesser than that of
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`authentic, licensed goods, and if so, the difference in value between authentic and
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`counterfeit or infringing goods.
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`Whether the Customer Class is entitled to recover any such difference in value as
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`equitable restitution under the UCL.
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`Whether Redbubble has ever provided a refund to the purchaser of an infringing
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`product after discovering the product was counterfeit or infringing, or contrarily,
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`whether Redbubble chooses to retain the proceeds from discovered infringing sales.
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`51.
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`The interests of Plaintiff and the Customer Class are aligned. Plaintiff seeks to
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`establish that Redbubble is required to refund amounts paid by customers for counterfeit or
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`infringing products, in an amount reflecting the difference in value between an authentic product,
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`and an illegal counterfeit or infringing product. Should Plaintiff prevail in establishing the same,
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`each of the other members of the Customer Class would then be entitled to similar restitution for
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`the damage caused to them by Redbubble’s sale of counterfeit or infringing items.
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`52.
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`The claims of Plaintiff are typical of the claims of the Customer Class. Plaintiff
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`unwittingly purchased products sold by Redbubble in violation of both the Lanham Act and the
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`Copyright Act.
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`53.
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`The Customer Class is represented by counsel who are competent and experienced
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`in the prosecution and defense of similar claims and litigation, including class actions filed,
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`prosecuted, defended, or litigated under California and federal law, in federal courts, in connection
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`with claims and certification of consumer classes composed of members who reside in California
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`and/or the United States. Counsel has prosecuted numerous cases brought against print-on-demand
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`companies like Redbubble for trademark and copyright infringement, including two cases against
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`Redbubble itself, and prosecuted and defended many significant cases brought pursuant to
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`California’s UCL and CLRA.
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`54.
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`The prosecution of separate actions by individual members of the Customer Class
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`would create a risk of inconsistent or varying adjudications.
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`55.
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`The questions of law and fact common to the members of the Customer Class
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`1769995.2
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`-13-
`COMPLAINT
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`Case 2:21-cv-00573-JAM-JDP Document 1 Filed 03/29/21 Page 15 of 19
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`predominate over any questions of law or fact affecting only individual members of the Customer
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`Class, including legal and factual issues related to the underlying infringements. Because the
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`infringing nature of the products at issue is generally obvious, whether the products are infringing
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`is not at the core of the dispute in most prior cases against print-on-demand companies like
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`Redbubble. (Indeed, Redbubble itself already determined many of the products at issue here were
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`infringing when it removed them from its website pursuant to its intellectual property policy.)
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`Instead, whether Redbubble is liable for the infringements on its platform is the primary issue.
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`And, that issue is common to every member of the Customer Class.
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`56.
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`A class action is superior to other available methods for the fair and efficient
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`adjudication of this controversy. Treatment as a class action will permit a large number of
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`similarly situated persons to adjudicate their common claims in a single forum simultaneously,
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`efficiently, and without the duplication of effort and expense that numerous individual actions
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`would engender. Prosecution as a class action will eliminate the need for repetitious litigation—if
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`it were even feasible for the Customer Class to proceed individually.
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`57.
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`The amount of potential restitution for each member of the Customer Class is small
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`enough that no legal recourse can realistically be obtained by members of the Customer Class
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`without proceeding as a class action. Thus, members of the Customer Class have no cognizable
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`interest in individually litigating and controlling the claims asserted herein.
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`58.
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`Plaintiff is unaware of any similar litigation against Redbubble begun by members
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`of the Customer Class.
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`59.
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`California is a proper and desirable forum for the claims against Redbubble to be
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`litigated. Redbubble is based in California, and California’s UCL and CLRA provide remedies to
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`each member of the Customer Class. As to those members of the Customer Class residing outside
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`California, California’s UCL and CLRA provide remedies consistent with that which are available
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`in the members’ home states.
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`60.
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`The Customer Class is readily definable by review of sales and content moderation
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`records that should exist in the files of Defendant. Moreover, Redbubble should have records of
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`the e-mail addresses and addresses of customers that have purchased products on
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`1769995.2
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`-14-
`COMPLAINT
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`Case 2:21-cv-00573-JAM-JDP Document 1 Filed 03/29/21 Page 16 of 19
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`www.redbubble.com such that providing notice to the Customer Class will be practicable. Thus,
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`there does not exist any significant likely difficulties in managing the claims as a class action.
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`FIRST CAUSE OF ACTION
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`(Violation of California’s Unfair Competition Law [Cal. Bus. & Prof. Code § 17200 et seq.])
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`61.
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`Plaintiff re-alleges and incorporates herein by reference, as though set forth in full,
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`each of the allegations set forth in paragraphs 1 through 60 above.
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`62.
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`Redbubble has committed acts of unfair competition, as defined by California
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`Business and Professions Code § 17200, by engaging in the unlawful practices described above.
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`Without limitation, Redbubble violates the Lanham Act and Copyright Act by infringing upon
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`trademarks, trade dress, and copyrights, respectively. Redbubble’s infringement of intellectual
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`property also violates California state law and the laws of each state where members of the
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`Customer Class reside.
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`63. While California’s unfair competition law does not so require, Redbubble’s
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`practices are in fact anticompetitive in the classic sense. Redbubble unfairly competes for sales
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`with the owners and licensees of the intellectual property that Redbubble affixes on its products
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`without right to do so.
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`64.
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`Plaintiff and each member of the Customer Class suffered an injury as a direct and
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`proximate result of Redbubble’s infringements. When Plaintiff and each member of the Customer
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`Class purchased products from Redbubble, instead of receiving legal products, they received
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`illegal counterfeits or infringing products. These illegal counterfeits or infringing products are of
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`lesser value than legal products. Redbubble’s infringement also causes intangible harms, including
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`but not limited to, damage to brands and artists that customers intended to support, and
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`embarrassment.
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`65.
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`Plaintiff and the Customer Class did not intend to purchase counterfeit or infringing
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`items, instead relying on the assumption Redbubble was operating within the confines of
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`applicable law.
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`66.
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`Upon information and belief, the above-described operations of Redbubble occur in
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`California, where it is headquartered. When any customer purchases a product from Redbubble,
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`1769995.2
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`-15-
`COMPLAINT
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`Case 2:21-cv-00573-JAM-JDP Document 1 Filed 03/29/21 Page 17 of 19
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`they access a website published from California and send money into California in exchange for a
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`product from California.
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`67.
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`Plaintiff and the Customer Class are without an adequate remedy at law.
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`Redbubble’s infringement is ongoing and will continue absent injunctive relief, causing continued
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`economic and intangible harms to customers. Moreover, while Plaintiff and the Customer Class
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`may later be able to seek compensatory damages pursuant to their CLRA claim, they cannot now,
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`and do not now, pending expiration of the 30-day notice period triggered by their Cal. Civ. Code §
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`1782(a) notice.
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`SECOND CAUSE OF ACTION
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`(Violation of California’s Consumer Legal Remedies Act [Cal. Civ. Code § 1750 et seq.])
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`68.
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`Plaintiff re-alleges and incorporates herei