SAN JOSE – A Salinas man alleges a seafood company misrepresents its octopus products and has filed a class-action lawsuit.
Luis Diego Zapata Fonseca filed a complaint on behalf of all others similarly situated on April 19 in the U.S. District Court for the Northern District of California against Vigo Importing Co. citing alleged breach of implied warranty, unjust enrichment and other counts.
According to the complaint, the plaintiff alleges that Vigo Importing Co. used jumbo squid instead of octopus in its product, despite labeling stating that the product contains octopus. The suit states that squid is a cheaper substitute.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages in amounts to be determined in court, interest on all amounts awarded, restitution and all other forms of monetary relief, injunctive relief, all legal fees and any other relief as this court deems just. He is represented by L. Timothy Fisher and Julia A. Luster of Bursor & Fisher PA in Walnut Creek and James P. Gitkin of Salpeter Gitkin LLP in Fort Lauderdale, Florida.
U.S. District Court for the Northern District of California Case number 5:16-cv-02055