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Theory and practice of mental and physical rehabilitation of mentally, physically and developmentally disabled persons. Therapeutic principles and techniques of group and individual activities used in recreation therapy, and skill in their application. Various types of recreation and entertainment activities and providing leadership of these activities.
These factors cannot be "inferred argumentatively from averments in the pleadings[,]" Grace v.
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Swan , U. The plaintiff bears the burden of proving the foregoing elements. Dallas , U. As currently pled, the FAC alleges that Plaintiff had to stop using her Steamer as it would defectively spew hot water and steam onto her. As a result, Plaintiff seeks damages, restitution, and an injunction. Further, Plaintiff asserts that she would not have purchased a My Little Steamer for fifteen dollars had she been warned of its dangerous defects prior to purchasing it.
The Court finds these allegations are sufficient to adequately plead standing. First, economic harm suffered from a purchase is a sufficiently concrete and particularized harm. See Sierra Club v. Morton , U. Lennox Hearth Prods. Defendants argue that allegations about insufficient performance of how a product functions require a plaintiff to allege something more than overpaying for a defective product. To support this contention, Defendants point to Herrington v. In Herrington , the court found that the plaintiffs had not sufficiently pled standing as they did not plead facts that tended to show a threat of physical harm and did not allege the loss of the valuable good that they still owned.
Here, Plaintiff's FAC clearly pleads that on each occasion that she used the My Little Steamer as instructed, it produced steam and boiling water in a dangerous way.
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Accordingly, Herrington is not persuasive when compared to the allegations in this matter. In Toyota , the court stated: "When the economic loss is predicated solely on how a product functions, and the product has not malfunctioned, the Court agrees that something more is required than simply alleging an overpayment for a 'defective' product.
Presently, Plaintiff's complaint is not that she overpaid for the My Little Steamer. Instead, she claims that the My Little Steamer is defective and dangerous. Further, Plaintiff asserts that users of the product have been burned by the products' dangerous nature. Thus, Toyota is inapplicable. Plaintiff again argues that Defendants have misread her FAC. The UCL broadly prohibits "any unlawful, unfair or fraudulent business act or practice.
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The CLRA prohibits a host of unfair and deceptive practices, including various forms of misrepresentation. See Cal. Both the UCL and the CLRA prohibit not only affirmative misrepresentations, but also material omissions that deceive reasonable consumers. Donohue v. Apple , Inc. See Doe v.