Supermicro Computer Inc. v. Digitechnic, S.A.

ORDER ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY ADJUDICATION; AND DEFENDANT’S MOTION TO DISMISS OR STAY

Now before the court are plaintiffs motion for partial summary adjudication and defendant’s motion for a dismissal or stay of this action. The motions have been briefed, argued and submitted for decision. The court has reviewed the record of the case, the moving and opposing papers on these motions, the arguments of counsel, and the applicable authorities.

I.

Plaintiff is a California corporation that manufactures computer parts. Defendant is a French corporation that assembles and sells computer network systems. Defendant made fourteen purchases of computer parts from plaintiff between May 1996 and December 1997. In each of the transactions, defendant placed an order with plaintiff via phone or e-mail, and plaintiff shipped the goods to France. Plaintiff included a sales invoice and a user’s manual with each shipment. The sales invoice and user’s manual contained certain terms and conditions, including a limited warran-. ty and limitations of liability.

Beginning in 1998, defendant allegedly experienced electrical problems with some of the parts that it had purchased from…