Horne
Horne v. HARLEY-DAVIDSON, INC.
Opinion
Opinion
Pregerson, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS
[Motion filed on August 10, 2009]
This matter comes before the court on Defendants’ Motion to Dismiss. Defendants argue Plaintiffs’ complaint should be dismissed in its entirety without leave to amend. Having heard oral argument and reviewed the papers submitted by the parties, the Court grants in part and denies in part the motion and adopts the following order.
I. BACKGROUND
A. Factual History
Thomas and Christine Horne (“Plaintiffs”) purchased a 2003 Harley-Davidson motorcycle on July 31, 2002, from an authorized Harley-Davidson dealer. (Compl. ¶ 11.) In conjunction with the purchase of their motorcycle, Plaintiffs purchased an Extended Service Plan (“ESP”) from Harley for $1,149.00. (Id.)
At the time of purchase, Harley provided to Plaintiffs a document which states in the heading: “Motorcycle Service Contract-Part I-Proof of Registration-Together with the Part II Completes This Motorcycle Service Contract” (“Part I”). (Id. ¶ 12 & Ex. D.) Part I contains spaces for the customer to fill in his personal information, and asks the customer to check a box indicating which type of motorcycle she is…