You Failed
I know what you mean, Mike. Once they hit a certain age...
That's ok. I got me a good lookin wife at home.

I agree Mark, your old lady is a keeper, but I bet she can't pull a Crouching Tiger Hidden Dragon and run across rice paper on water can she... Was that a sterotype????
It's my pot and I'll stir it if I want to. If you're not careful, I'll stir your's as well!

Joined: Dec 2002
Posts: 3,275
Likes: 211
From: Central Mexico.
Do any sane people actually live in California? When I read this story, I initially thought it was a joke, but sadly, it appears to be true.
Reasonable Consumer Would Know "Crunchberries" Are Not Real, Judge Rules
On May 21, a judge 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 she had only recently learned to her dismay that said "berries" were in fact simply brightly-colored cereal *****, and that although the product did contain some strawberry fruit concentrate, it was not otherwise redeemed by fruit. She sued, on behalf of herself and all similarly situated consumers who also apparently believed that there are fields somewhere in our land thronged by crunchberry bushes.
Cap'n According to the complaint, Sugawara and other consumers were misled not only by the use of the word "berries" in the name, but also by the front of the box, which features the product's namesake, Cap'n Crunch, aggressively "thrusting a spoonful of 'Crunchberries' at the prospective buyer." Plaintiff claimed that this message was reinforced by other marketing representing the product as a "combination of Crunch biscuits and colorful red, purple, teal and green berries." Yet in actuality, the product contained "no berries of any kind." Plaintiff brought claims for fraud, breach of warranty, and our notorious and ever-popular California Unfair Competition Law and Consumer Legal Remedies Act.
Under the UCL, courts have held that a plaintiff must show that a representation was "likely to deceive a reasonable consumer." [As a disclaimer, I should tell you that my firm represents defendants in UCL cases (among others).] Actual fraud claims, and warranty claims, are harder to prove, so if Sugawara didn't win on the UCL claims, she would be leaving without even any lovely parting gifts. And she did not:
In this case . . . while the challenged packaging contains the word "berries" it does so only in conjunction with the descriptive term "crunch." This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a "crunchberry." Furthermore, the "Crunchberries" depicted on the [box] are round, crunchy, brightly-colored cereal *****, and the [box] clearly states both that the Product contains "sweetened corn & oat cereal" and that the cereal is "enlarged to show texture." Thus, a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist. . . . So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world.
The court, Judge Morrison England, Jr., also pointed out that the plaintiff acknowledged in her opposition to the motion to dismiss that "[c]lose inspection [of the box] reveals that Crunchberries . . . are not really berries." Plaintiff did not explain why she could not reasonably have figured this out at any point during the four years she alleged she bought Cap'n Crunch with Crunchberries in reliance on defendant's fraud.
Finally, the court held that while a first-time loser on a motion to dismiss would typically get a chance to amend the complaint, this one wouldn't:
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.
Case dismissed.
Judge England also noted another federal court had "previously rejected substantially similar claims directed against the packaging of Fruit Loops [sic] cereal, and brought by these same Plaintiff attorneys." He found that their attack on "Crunchberries" should fare no better than their prior claims that "Froot Loops" did not contain real froot.
Reasonable Consumer Would Know "Crunchberries" Are Not Real, Judge Rules
On May 21, a judge 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 she had only recently learned to her dismay that said "berries" were in fact simply brightly-colored cereal *****, and that although the product did contain some strawberry fruit concentrate, it was not otherwise redeemed by fruit. She sued, on behalf of herself and all similarly situated consumers who also apparently believed that there are fields somewhere in our land thronged by crunchberry bushes.
Cap'n According to the complaint, Sugawara and other consumers were misled not only by the use of the word "berries" in the name, but also by the front of the box, which features the product's namesake, Cap'n Crunch, aggressively "thrusting a spoonful of 'Crunchberries' at the prospective buyer." Plaintiff claimed that this message was reinforced by other marketing representing the product as a "combination of Crunch biscuits and colorful red, purple, teal and green berries." Yet in actuality, the product contained "no berries of any kind." Plaintiff brought claims for fraud, breach of warranty, and our notorious and ever-popular California Unfair Competition Law and Consumer Legal Remedies Act.
Under the UCL, courts have held that a plaintiff must show that a representation was "likely to deceive a reasonable consumer." [As a disclaimer, I should tell you that my firm represents defendants in UCL cases (among others).] Actual fraud claims, and warranty claims, are harder to prove, so if Sugawara didn't win on the UCL claims, she would be leaving without even any lovely parting gifts. And she did not:
In this case . . . while the challenged packaging contains the word "berries" it does so only in conjunction with the descriptive term "crunch." This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a "crunchberry." Furthermore, the "Crunchberries" depicted on the [box] are round, crunchy, brightly-colored cereal *****, and the [box] clearly states both that the Product contains "sweetened corn & oat cereal" and that the cereal is "enlarged to show texture." Thus, a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist. . . . So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world.
The court, Judge Morrison England, Jr., also pointed out that the plaintiff acknowledged in her opposition to the motion to dismiss that "[c]lose inspection [of the box] reveals that Crunchberries . . . are not really berries." Plaintiff did not explain why she could not reasonably have figured this out at any point during the four years she alleged she bought Cap'n Crunch with Crunchberries in reliance on defendant's fraud.
Finally, the court held that while a first-time loser on a motion to dismiss would typically get a chance to amend the complaint, this one wouldn't:
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.
Case dismissed.
Judge England also noted another federal court had "previously rejected substantially similar claims directed against the packaging of Fruit Loops [sic] cereal, and brought by these same Plaintiff attorneys." He found that their attack on "Crunchberries" should fare no better than their prior claims that "Froot Loops" did not contain real froot.
It's my pot and I'll stir it if I want to. If you're not careful, I'll stir your's as well!

Joined: Dec 2002
Posts: 3,275
Likes: 211
From: Central Mexico.
CARROLLTON, Ga. — Turns out GPS isn't all it's cracked up to be.
A crew using coordinates from a global positioning system demolished a 60-year-old home in Carrollton earlier this week, but it was the wrong house. The home's owner, Al Byrd of Atlanta, said he heard about the mistake when a neighbor called him to tell him the house he grew up in — along with his family heirlooms — had been destroyed and thrown into Dumpsters.
No one was living in the house at the time.
Byrd said his father built the house by hand in 1950.
Byrd said he is talking with an attorney but hasn't made any decisions on what to do. He said he's gotten an apology from the companies who made the mistake.
A crew using coordinates from a global positioning system demolished a 60-year-old home in Carrollton earlier this week, but it was the wrong house. The home's owner, Al Byrd of Atlanta, said he heard about the mistake when a neighbor called him to tell him the house he grew up in — along with his family heirlooms — had been destroyed and thrown into Dumpsters.
No one was living in the house at the time.
Byrd said his father built the house by hand in 1950.
Byrd said he is talking with an attorney but hasn't made any decisions on what to do. He said he's gotten an apology from the companies who made the mistake.
Parking spot fetches record 300-grand in Boston
I can't find the words to express how I feel about this kind of........
ASSOCIATED PRESS
BOSTON — A real estate agent says a resident of Boston's upscale Back Bay section plunked down $300,000 to own what is believed to be the priciest parking space in the city's history.
Coldwell Banker Residential Brokerage agent Debra Sordillo told The Boston Globe that several residents of a building on Commonwealth Ave. bid for the coveted space, driving up what had been the original asking price of $250,000.
Sordillo said prime parking spaces are very difficult to come by in the neighborhood near the Public Garden.
The winning bidder was not identified. The Globe reported that the seller of the parking the space is also trying to sell a two-bedroom suite in the building for $2.5 million.
ASSOCIATED PRESS
BOSTON — A real estate agent says a resident of Boston's upscale Back Bay section plunked down $300,000 to own what is believed to be the priciest parking space in the city's history.
Coldwell Banker Residential Brokerage agent Debra Sordillo told The Boston Globe that several residents of a building on Commonwealth Ave. bid for the coveted space, driving up what had been the original asking price of $250,000.
Sordillo said prime parking spaces are very difficult to come by in the neighborhood near the Public Garden.
The winning bidder was not identified. The Globe reported that the seller of the parking the space is also trying to sell a two-bedroom suite in the building for $2.5 million.
Muted one day, Banned the next....... Ah the life of a DTR 1%'er
Joined: Jan 2005
Posts: 2,187
Likes: 0
From: Ohio: Home of the disappointing sports teams
Any one care for some dumpster diving?
Missing Million-Dollar Mattress
An Israeli woman named Annat thought she was doing her mom a favor by buying her a nice new mattress. "Might as well throw out the old one," she must have thought. Little did she know that for years her mother had stuffed her savings into the old mattress, amounting to nearly $1 million. Now, Annat (who is not revealing her last name) has enlisted local authorities to help her find the stash at Jerusalem's two city dumps. Other locals who have heard about the treasure-filled mattress have the same idea, and in response security has been beefed up at the sites. Annat, for her part, does not seem too heartbroken. She told Israeli radio, "It's a very, very sad story but I've been through worse. It's a matter of proportions in life ... people need to know how to accept the good and the bad in life."
Read it at CNN.com
Posted at 12:54 PM, Jun 10, 2009
Missing Million-Dollar Mattress
An Israeli woman named Annat thought she was doing her mom a favor by buying her a nice new mattress. "Might as well throw out the old one," she must have thought. Little did she know that for years her mother had stuffed her savings into the old mattress, amounting to nearly $1 million. Now, Annat (who is not revealing her last name) has enlisted local authorities to help her find the stash at Jerusalem's two city dumps. Other locals who have heard about the treasure-filled mattress have the same idea, and in response security has been beefed up at the sites. Annat, for her part, does not seem too heartbroken. She told Israeli radio, "It's a very, very sad story but I've been through worse. It's a matter of proportions in life ... people need to know how to accept the good and the bad in life."
Read it at CNN.com
Posted at 12:54 PM, Jun 10, 2009
DTR's "Cooler than ice cubes 14 miles North of North Pole" member
Joined: Oct 2006
Posts: 1,797
Likes: 9
From: 14mi North of North Pole
I failed......
.........to remember that this cell door will roll shut behind you at the most in-opertune moment.

Attachment 28300
Always fun to lock yourself in with the crazy ones....... All worked out well in the end.


Attachment 28300
Always fun to lock yourself in with the crazy ones....... All worked out well in the end.
Muted one day, Banned the next....... Ah the life of a DTR 1%'er
Joined: Jan 2005
Posts: 2,187
Likes: 0
From: Ohio: Home of the disappointing sports teams
.........to remember that this cell door will roll shut behind you at the most in-opertune moment.

Attachment 28300
Always fun to lock yourself in with the crazy ones....... All worked out well in the end.


Attachment 28300
Always fun to lock yourself in with the crazy ones....... All worked out well in the end.

Thats great.. Glad you made it out alright.
DTR's "Cooler than ice cubes 14 miles North of North Pole" member
Joined: Oct 2006
Posts: 1,797
Likes: 9
From: 14mi North of North Pole




