Facts

Jeanette Clark filed a consumer class action against LG Electronics USA Inc. on behalf of similarly situated consumers who purchased a LG refrigerator that allegedly had a Smart Cooling Plus system (SCP system) intended to keep food fresh. The complaint alleged that the main control panel came with inherent design and materials defects that caused the SCP system to shut down, which defrosted food in both the refrigerator and freezer, and caused condensation to build up, thereby resulting in food spoilage. The complaint also alleged that LG knew about these issues, but failed to disclose the SCP's system defect, causing consumers to overpay for their LG refrigerators. The complaint alleged violations of Consumers Legal Remedies Act (CLRA), Business & Professions Code for false and misleading advertising, as well as breach of express warranty, breach of implied warranty, and violation of the Magnuson-Moss Warranty Act (MMWA).

LG filed a motion to dismiss for plaintiff's failure to state a claim for relief, and failing to state with particularity the circumstances constituting fraud.

Result

U.S. District Judge Jeffrey T. Miller granted LG's motion to dismiss on all counts with leave to file an amended complaint.