Brazil

Brazil v. Dell Inc.

Good Law
585 F. Supp. 2d 1158·2008 WL 2693629·2008 U.S. Dist. LEXIS 95144
United States District Court, Northern District of CaliforniaJuly 7, 2008C-07-01700 RMWCalifornia4,254 words

Opinion

Opinion

Whyte, J.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT AND TO STRIKE PLAINTIFFS’ CLASS ACTION ALLEGATIONS

Defendant Dell Inc. (“Dell”) moves to dismiss plaintiffs’ First Amended Complaint (“FAC”) with prejudice and to strike plaintiffs’ class action allegations. Plaintiffs Chad Brazil (“Brazil”) and Steven Seick (“Seick”) oppose Dell’s motion. For the reasons below, the court finds that Texas law applies to the plaintiffs’ claims and grants Dell’s motion to dismiss plaintiffs’ statutory causes of action. The court also grants Dell’s motion to strike plaintiffs’ class allegations as set forth below. The court will grant plaintiffs 20 days to amend their complaint to state claims under Texas law and to amend their class allegations to address the concerns noted in this order.

I. BACKGROUND

Dell directly markets its computer products to consumers and businesses in California and throughout the nation via various media, including Internet web sites, email campaigns, newspaper and magazine advertising, television, direct mail and company-owned retail stores. FAC ¶ 13. On June 15, 2006, Seick purchased directly from Dell through its online purchasing process a Dell…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.