Moore

I. BACKGROUND

1 A. Defendant1 and the Defect 2 As alleged in the Consolidated Amended Complaint, ECF No. 20 (“CAC”), and accepted 3 as true for the purposes of this motion, Defendant designs, manufactures, markets, distributes, 4 services, and sells the Class Vehicles. CAC ¶ 80. The “Class Vehicles” include 2016–2022 5 Honda Pilots, 2018–2019 Honda Odysseys, 2019–present Honda Passports, and 2020–present 6 Honda Ridgelines. Id. ¶ 1 n.1. Plaintiffs allege that in 2014, Defendant began equipping certain 7 of its vehicles with a 9-speed automatic transmission called the ZF 9HP Automatic Transmission 8 (“Transmission”). Id. ¶ 3. Plaintiffs allege that the Transmission suffers from a design and/or 9 workmanship defect: “there is improper design and/or calibration of the software in control of the 10 [T]ransmission, including the Transmission Control Module and the Powertrain Control Module” 11 in the Class Vehicles (“Transmission Programming Defect” or “Defect”). Id. ¶ 6. The 12 Transmission Control Module and the Powertrain Control Module control the function of the 13 transmission and its interaction with the engine. Id. While the Transmission may be delivered by 14 a…