Case3:12-cv-01633-CRB Document95 Filed01/15/13 Page1 of 74 1 Ben F. Pierce Gore (SBN 128515) PRATT & ASSOCIATES 2 1871 The Alameda, Suite 425 3 San Jose, CA 95126 Telephone: (408) 429-6506 4 Fax: (408) 369-0752
[email protected] 5 (Co-counsel listed on signature page) 6 Attorneys for Plaintiffs 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 LEVI JONES, CHRISTINE STURGES, Case No. 12-CV-1633 CRB 13 and EDD OZARD, individually and on behalf of all others similarly situated, CLASS ACTION AND 14 REPRESENTATIVE ACTION Plaintiffs, 15 SECOND AMENDED COMPLAINT FOR v. DAMAGES, EQUITABLE AND 16 INJUNCTIVE RELIEF CONAGRA FOODS, INC., 17 JURY TRIAL DEMANDED Defendant. 18 19 20 Plaintiffs Levi Jones, Christine Sturges and Edd Ozard, through their undersigned 21 attorneys, bring this lawsuit against ConAgra Foods, Inc. (hereinafter “ConAgra” or “Defendant”) 22 as to their own acts upon personal knowledge, and as to all other matters upon information and 23 belief. In order to remedy the harm arising from Defendant’s illegal conduct, which has resulted 24 in unjust profits, Plaintiffs bring this action on behalf of a class of California consumers who, 25 within the last four years purchased a PAM cooking spray product, or a Hunt’s canned tomato 26 product, or a Swiss Miss cocoa product (referred to herein as “Misbranded Food Products”). 27 28 Second Amended Class Action Complaint Case3:12-cv-01633-CRB Document95 Filed01/15/13 Page2 of 74 1 INTRODUCTION 2 1.