Omstead

Omstead v. Dell, Inc.

Good Law
473 F. Supp. 2d 1018·2007 WL 486724·2007 U.S. Dist. LEXIS 11976
United States District Court, Northern District of CaliforniaFebruary 13, 2007C 06-6293 PJHCalifornia2,829 words

Opinion

Opinion

Hamilton, J.

ORDER GRANTING MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

Before the court is the motion of defendant Dell, Inc. (“Dell”), for an order staying the above-entitled action and an order compelling arbitration. Having read the parties’ papers and carefully considered their arguments and the relevant legal au thority, and good cause appearing, the court hereby GRANTS the motion.

BACKGROUND

Dell sells computers directly to end-user customers via Internet and phone orders. Plaintiffs in this proposed class action allege that they purchased notebook computers from Dell between July 2004 and January 2005, at prices ranging from $1200 to $1500.

Plaintiffs claim that the affected computers were manufactured with three defects—inadequate cooling systems, a power supply that prematurely fails when used as intended, and motherboards that prematurely fail when used as intended. Plaintiffs assert that these defects cause the computers to shut down unexpectedly or fail to boot up, and/or cause the batteries to fail to charge, fail to hold a charge, or prematurely deteriorate.

Plaintiffs assert seven causes of action: (1) violation of the Consumer Legal Remedies Act, California Civil…

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