Case Number:
21STCV44276
Hearing Date:
June 10, 2022
Dept:
11
21STCV44276 (
Prost
)



Tentative Ruling Re: Demurrer



Date:

6/10/22

Time:

10:30 am

Moving Party:

Herbivore Botanicals, LLC (Defendant or Herbivore)

Opposing Party:

Jessica Prost (Plaintiff or Prost)

Department:

11


Judge:

David S. Cunningham III

________________________________________________________________________



TENTATIVE RULING



Defendants request for judicial notice (RJN) is:



* denied as to Exhibit 1; and



* granted as to Exhibits 2, 3, and 4.
[1]



Plaintiffs RJN is granted as to Exhibits 1, 2, and 3.
[2]



Defendants demurrer is sustained with leave to amend as to all causes of action.
[3]



BACKGROUND


Herbivore allegedly manufactures and distributes a body oil called Coconut Ultra Hydration Body Oil (Product).

(Se