Isuzu Motors Ltd. v. Consumers Union of United States, Inc.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

I.

Introduction

Plaintiff Isuzu Motors Ltd. (“Isuzu”) is a Japanese corporation that designs and manufacturers the Isuzu Trooper, a sport-utility vehicle (SUV). Defendant Consumers Union of United States (“CU”) is an organization dedicated to testing commercial products for purposes of ensuring and evaluating product quality, safety, and performance. Defendant publishes the nationally circulated magazine Consumer Reports.

Plaintiff has asserted claims against defendant CU in its Second Amended Complaint for: (1) defamation (first and second causes of action); (2) product disparagement (third through twenty-third causes of action); and (3) violations of California Business & Professions Code section 17200 (twenty-fourth cause of action). Pending before the Court is defendant’s motion for summary judgment.

Upon consideration of the arguments of counsel and for the reasons set forth below, defendant’s motion for summary judgment is granted in part and denied in part.

II.

Discussion

A. Factual Background

Defendant CU publishes consumer recommendations concerning automobiles, SUVs, and other…