Facts

Vincent Ferranti brought a class action against Hewlett-Packard Co.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that two of HP's printers, the OfficeJet Pro 8500 Wireless and the OfficeJet Pro 8600 Wireless, were defective in that the wireless function failed to perform properly. Plaintiffs further alleged that HP refused to properly repair the defective printers sold to customers that were under warranty and refused to replace the printers with non-defective printers or refund the purchase price.

DEFENDANT'S CONTENTIONS:
HP argued that plaintiffs' Consumers Legal Remedies Act claim and Unfair Competition Law claim were barred by the statute of limitations. HP further argued that plaintiffs' breach of warranty claims were barred because HP did replace the defective printers and repaired them.

Result

The court granted HP's motion to dismiss with leave to amend. The court found, in part, that since the plaintiffs did get replacement printers and received assistance from HP's tech support, this indicates HP did comply with the warranty.

Other Information

FILING DATE: Aug. 20, 2013.