Morrison

On May 21, 2009 Judge Morrison England, Jr. of the U.S. District Court for the Eastern District of California dismissed a complaint filed by a woman who said she had purchased "Cap'n Crunch with Crunchberries" because she believed "crunchberries" were real fruit. The plaintiff, Janine Sugawara, alleged that after four years of purchasing the product she had only recently discovered to her dismay that said "berries" were in fact simply brightly-colored cereal balls. The judge commented "In this case,... it is simply impossible for Plaintiff to file an amended complaint stating a claim based upon these facts. The survival of the instant claim would require this Court to ignore all concepts of personal responsibility and common sense. The Court has no intention of allowing that to happen."