Rachel Lepkowski, individually and on behalf of all others similarly situated v. Camelbak Products LLC, Camelback International LLC
Published: Apr. 3, 2020 | Result Date: Jan. 23, 2020 | Filing Date: Aug. 8, 2019 |Case number: 3:19-cv-04598-YGR Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
L. Timothy Fisher
(Bursor & Fisher PA)
Neal J. Deckant
(Bursor & Fisher PA)
Scott A. Bursor
(Bursor & Fisher PA)
Defendant
Todd O. Maiden
(Reed Smith LLP)
Terence N. Hawley
(Reed Smith LLP)
Robert A. Roth
(Complex Appellate Litigation Group LLP)
Facts
Rachel Lepkowski filed a class action lawsuit against CamelBak Productions LLC and CamelBak International LLC for allegedly manufacturing, selling, and distributing spill proof water bottles.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants intentionally issued written warranties that its eddy bottles were spill-proof when defendants knew they were not. Plaintiff further contended that the bottles' design was fundamentally defective because it allowed water to run, flow, or fall out of the bottles. Plaintiff also contended that she was injured as a direct and proximate result of defendants' breach because plaintiff would not have bought the water bottles if she knew the true facts about the design.
Plaintiff contended that she would not have paid a premium price for the water bottles if she knew the bottles were not in fact spill proof. Plaintiff asserted causes of action for violation of the Magnuson-Moss Warranty Act, California's Consumers Legal Remedies Act, California's Unfair Competition Law, and California's False Advertising Law; breach of express warranty; breach of implied warranty of merchantability; unjust enrichment; negligent misrepresentation and fraud.
DEFENDANTS' CONTENTIONS: Defendants contended that plaintiff lacked standing because she has not alleged a concrete injury.
Result
The case was dismissed with prejudice.
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