Burns v. WD-40 Co.
Plaintiff Andrea Burns sued defendant WD-40 Company (WD-40) because their products, 2000 Flushes and 2000 Flushes Blue Plus Bleach (2000 Flushes Blue), allegedly harmed her plumbing. The putative class action sought relief under both statutory and common law causes of action and for injunctive relief. WD-40 filed a motion to dismiss her claim under the Consumer Legal Remedies Act (CLRA) and for summary judgment on the remaining counts, arguing, among other things, a lack of evidence as to causation with respect to the falsity of the advertising. The trial court granted the motion. Burns had two routes to establish the falsity of the representations — that her plumbing was harmed, or that nearly all plumbing would be harmed by use of the products. Because WD-40 successfully shifted the burden on these issues, and Burns failed to raise a triable issue of material fact in rebuttal, we affirm.
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