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LIVINGSTON v. MARIE CALLENDER'S, INC.

No. B115078.

85 Cal.Rptr.2d 528 (1999)

72 Cal.App.4th 830

David LIVINGSTON, Plaintiff and Appellant, v. MARIE CALLENDER'S, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Five.

June 3, 1999.

Attorney(s) appearing for the Case

Goldstein & Goldstein and Howard A. Goldstein, Beverly Hills, Esner & Chang and Stuart B. Esner, Los Angeles, for Plaintiff and Appellant.

R.Q. Shupe, Santa Ana, for Defendant and Respondent.

TURNER, P.J.

I. INTRODUCTION

The question in this case is whether a restaurant offering vegetable soup "made from the freshest ingredients, from scratch,... every day," has an affirmative obligation to warn customers the soup contains monosodium glutamate (MSG). Plaintiff, David Livingston, alleges he suffered a severe adverse reaction after consuming a bowl of Marie Callender's vegetable soup. It is undisputed...

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