Kowalsky

Kowalsky v. Hewlett-Packard Co.

Caution

771 F. Supp. 2d 1138·73 U.C.C. Rep. Serv. 2d (West) 362·2010 U.S. Dist. LEXIS 131711

United States District Court, Northern District of CaliforniaDecember 13, 2010Case 10-CV-02176-LHKCalifornia9,815 words

Opinion

Koh, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

Defendant Hewlett-Packard Company (“HP”) moves to dismiss Plaintiff Chaim Kowalsky’s First Amended Class Action Complaint (“FAC”) for failure to state a claim pursuant to Rules 12(b)(6) and 9(b). The Court heard oral argument on November 23, 2010. Having considered the parties’ submissions and arguments, the Court grants in part and denies in part Defendant’s motion to dismiss.

I. Background

This case arises out of the marketing and sale of allegedly defective HP Office Jet Pro All-in-One printers of the 8500 series (“HP 8500 Printer”). According to Plaintiff, HP marketed its 8500 Printer as a premier all-in-one fax, copier, and scanner with a 50-sheet automatic document feeder (“ADF”). FAC ¶ 4. Plaintiff claims that HP also represented, on its website and on the product’s packaging, that the 8500 Printer is capable of scanning and copying documents fed through the 50-sheet ADF at speeds of 34 pages per minute in color and 35 pages per minute in black and white. FAC ¶ 31. Plaintiff alleges that, contrary to these representations, the HP 8500 Printer has a design defect that causes the printer to randomly skip pages…

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