Sony Electronics, Inc. v. Superior Court

Thomas D. Mauriello, San Clemente, CA, James Miller, James Shah, pro hac vice, Shepherd, Finkelman, Miller & Shah, LLC, for Real Parties in Interest.

McINTYRE, J.

Sony Electronics Inc. (Sony) petitions for a peremptory writ of mandate directing the trial court to vacate an order certifying a class in this action, which alleges that Sony's Vaio GRX Series Notebook computers suffer from a manufacturing defect. Sony contends that the class as designated by the court is not sufficiently ascertainable to support certification. We agree that the class certified by the trial court is flawed and grant the petition.

In May 2002, Martin Hapner purchased a Vaio GRX550 Notebook computer. He experienced repeated problems with the laptop and in July 2004 filed this action against Sony in the Superior Court of Santa Cruz County. The complaint alleged that Sony had marketed and distributed GRX Series Notebook computers, knowing that the computers had defective memory chip sockets, but without disclosing such defects to consumers; the complaint asserted causes of action for violation of the Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.), false advertising, violations of the…