Anunziato

MEMORANDUM RE MOTION' TO DISMISS

I. BACKGROUND

The instant case is a putative class action alleging that a line of defendant eMa-chines, Inc.’s (“eMachines”) laptop computers contains a defect causing some of them to overheat. Plaintiff Michael An-nunziato (“Annunziato”) has alleged five claims under California law and seeks relief on behalf of “[a]ll persons or entities who purchased ... the eMachines 5300 series laptops.” (Complaint, ¶ 13.) Specifically, Annunziato’s Complaint asserts claims against eMachines for violations of the Unfair Competition Law (“UCL” or “Section 17200”), Bus. & Prof.Code § 17200 et seq.; the False Advertising Law (“FAL” or “Section 17500”), Bus. & Prof.Code § 17500 et seq.; the Song-Beverly Consumer Warranty Act (“Song-Beverly Act” or “Section 1790”), Cal. Civ.Code § 1790 et seq.; and for breach of express and implied warranties.

In May 2003, eMachines started production and marketing of five models of laptop computers, known as the M5300 series. (Complaint, ¶ 2.) In December 2003, An-nunziato purchased a M5312 laptop over the internet from BestBuy.com. (Id., ¶ 8.) Annunziato’s laptop contained a one-year warranty for “defects in material and…