Hewlett-Packard Co. v. Superior Court

Hewlett-Packard Company (HP) petitions for a peremptory writ of mandate directing the trial court to vacate an order certifying a class in this action, which alleges that HP’s Pavilion series notebook computers suffer from a manufacturing defect. HP contends that the trial court erred in certifying the class, because under the principles of Daugherty v. American Honda Motor Co., Inc. (2006) 144 Cal.App.4th 824 [ 51 Cal.Rptr.3d 118 ] (Daugherty), this case does not meet the requirement of community of interest for class certification.

Factual and Procedural Background

In April 2002, plaintiff I Braun Degenshein purchased a ZT1175 (version 4.0) model notebook computer. He experienced display screen visibility problems with the computer six months after he purchased it. He joined in this lawsuit against HP after it had been filed in the Superior Court of Santa Clara County. The complaint alleged that HP had marketed and distributed Pavilion series notebook computers, knowing that the computers had defective inverters that could potentially cause dim displays, but without disclosing such defects to consumers; the complaint asserted causes of action for violation of the…