Oh, no! Tito! Say it aint so! SUPERIOR COURT OF CALIFORNIA - COUNTY OF SAN DIEGO (Excerpt) GARY HOFMANN, an individual and on behalf of all others similarly situated, Plaintiff, vs. FIFTH DIMENSION, INC., a Texas corporation; and DOES 1 through 100, inclusive, Defendants. CLASS ACTION COMPLAINT FOR: (1) VIOLATION OF BUSINESS & PROFESSIONS CODE § 17200 ET SEQ. (CALIFORNIA UNFAIR COMPETITION LAW); (2) VIOLATION OF BUSINESS & PROFESSIONS CODE § 17500 ET SEQ. (FALSE AND MISLEADING ADVERTISING); (3) VIOLATION OF CONSUMERS LEGAL REMEDIES ACT (CIVIL CODE § 1750 ET SEQ.); (4) NEGLIGENT MISREPRESENTATION COMES NOW, plaintiff GARY HOFMANN (Plaintiff), as an individual and on behalf of the general public and all others similarly situated, by his undersigned attorneys, alleges as follows: NATURE OF THE CASE 1. This is a class action case brought on behalf of all purchasers of all vodka (Vodka) manufactured, distributed, marketed, and/or sold by FIFTH DIMENSION, INC. dba Titos Handmade Vodka (hereinafter TITOS). Through a fraudulent, unlawful, deceptive and unfair course of conduct, TITOS, and DOES 1 through 100 (collectively Defendants), manufactured, marketed, and/or sold their TITOS HANDMADE Vodka to the California general public with the false representation that the Vodka was handmade when, in actuality, the Vodka is made via a highly-mechanized process that is devoid of human hands. There is simply nothing handmade about the Vodka, under any definition of the term,1 because the Vodka is: (1) made from commercially manufactured neutral grain spirit (NGS) that is trucked and pumped into TITOs industrial facility; (2) distilled in a large industrial complex with modern, technologically advanced stills; and (3) produced and bottled in extremely large quantities (i.e., it is mass produced). The Vodka is sold through various retailers in California. PARTIES 2. Plaintiff is an individual residing in San Diego, California. 3. Defendant is a corporation that is organized and exists under the laws of the State of Texas. Its business address (as listed on the Texas Secretary of State website) is 12101 Moore Road, Austin, Texas 78719. FIFTH DIMENSION, INC. can be served via its registered agent for service of process: Bert Beveridge, 12101 Moore Road, Austin, Texas 78719. 4. Plaintiff is ignorant of the true names and capacities of the defendants sued herein as DOES 1-100, inclusive; therefore, Plaintiff sues these defendants by such fictitious names. Plaintiff is informed and believes that each of the fictitious named defendants are legally responsible in some manner for the occurrences herein alleged, assisted in and about the wrongs complained herein by providing financial support, advice, resources or other assistance. Plaintiff will amend the complaint to allege their true names and capacities when ascertained. 5. Plaintiff is informed and believes that all defendants were agents, servants and employees of their co-defendants, and in doing the things hereinafter mentioned, were acting within the scope of their authority as such agents, servants and employees with the permission and consent of their co-defendants.
Posted on: Fri, 19 Sep 2014 22:39:16 +0000
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