Grocer Trader Joe's is once again asking a judge to dismiss a class-action suit that accuses the company of selling under-filled cans of tuna, asserting that the California law the plaintiffs are relying on shouldn't apply in this case.

Consumer Amy Joseph filed a lawsuit against the Monrovia, California-based chain in February 2016 alleging that the tuna the grocer sold her five-ounce cans of albacore that contained less than the federal guidelines.

Her suit cited testing of cans of Trader Joe’s Albacore Tuna in Olive Oil Half Salt done by the National Oceanic Atmospheric Administration (NOAA), which detected an average of only 2.87 ounces of pressed cake tuna in a sample of 24 cans. That's 11% less tuna than the federal guidelines stipulate, the suit claims.

But in response, Trader Joe's is claiming that the plaintiffs -- several other consumers have signed on to the suit -- are improperly relying on California's Unfair Competition Law and False Advertising Law, which it claims are inappropriate for this case.

The motion to dismiss comes weeks after Trader's Joe's was successful in getting the case dropped but plaintiffs refiled it.