Stearns

Stearns v. Select Comfort Retail Corp.

Good Law

763 F. Supp. 2d 1128·2010 WL 2898284·72 U.C.C. Rep. Serv. 2d (West) 844·2010 U.S. Dist. LEXIS 84777

United States District Court, Northern District of CaliforniaJuly 21, 2010Case 08-2746 JF (PVT)California15,998 words

Opinion

Fogel, J.

ORDER GRANTING DEFENDANTS’ MOTIONS TO STRIKE AND DISMISS, AND DENYING PLAINTIFFS’ MOTION FOR LEAVE TO FILE THEIR FOURTH AMENDED COMPLAINT

I. BACKGROUND

A. Procedural history

On April 25, 2008, Plaintiff Molly Stearns (“Stearns”), a California resident, filed a complaint in the Santa Clara Superior Court alleging that she had found mold in a Sleep Number® bed purchased at Bed Bath & Beyond (“BBB”) in 2000. The complaint alleged claims for strict product liability, intentional misrepresentation, negligent misrepresentation, concealment, breach of express warranty, and breach of implied warranty. Stearns also sought to bring a class action on behalf of all original purchasers and users of Sleep Number® beds manufactured between January 1, 1987 and December 31, 2005. Defendants Select Comfort Retail Corporation (“Select Comfort”) and BBB removed the action to this Court and then moved to dismiss all of Stearns’ claims except for the product liability claim and to strike the class allegations. On October 1, 2008, 2008 WL 4542967 , the Court dismissed the complaint with leave to amend. In striking Stearns’ class claims, the Court noted the inherent difficulty of maintaining a class…

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.