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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 serial litigant Janine Sugawara who said she had purchased “Cap’n Crunch with Crunch Berries” because she believed “crunch berries” were real fruit. 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.