Maury Adkins, an individual, on behalf of himself and all others similarly situated v. Hewlett-Packard Company and Does 1 through 50
Published: Oct. 31, 2015 | Result Date: Aug. 20, 2015 | Filing Date: Jan. 1, 1900 |Case number: 5:15-cv-02035-BLF Bench Decision – Dismissal
Court
USDC Northern
Attorneys
Plaintiff
Adam J. Gutride
(Gutride Safier LLP)
Marie Ann McCrary
(Gutride Safier LLP)
Seth A. Safier
(Gutride Safier LLP)
Defendant
Franco A. Corrado
(Morgan, Lewis & Bockius LLP)
Facts
In November 2013, Maury Adkins purchased an "HP" brand laptop from a Wal-Mart store in Massachusetts. He brought a class action against Hewlett-Packard Company relating to its one-year limited warranty on computer hardware.
Contentions
PLAINTIFF'S CONTENTIONS:
Adkins contended that he was unable to obtain warranty support within one year of the purchase date because of Hewlett-Packard's policy of starting the warranty term earlier than the date of purchase for HP computers sold through retailers, for the purpose of providing "pre-activation support." He claimed that he was unaware of this policy and purchased the laptop based on Hewlett-Packard's representation that the one-year warranty commenced on the date of purchase.
Plaintiff asserted claims for violation of California's Consumer Legal Remedies Act, violation of California's False Advertising Law, fraud, deceit and misrepresentation, violation of California's Unfair Competition Law, breach of express warranty, and breach of contract.
Result
The court granted Hewlett-Packard's motion to dismiss with leave to amend. Adkins did not clearly articulate his theory and the specifics of Hewlett-Packard's fraud, or the nexus between his claims and California.
Other Information
FILING DATE: May 6, 2015.
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