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

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(b)(6) AND 9(g)

I.

Introduction

This diversity action concerns defendants Consumers Union of United States, Inc. (“CU”) and R. David Pittle’s statements and publications regarding the safety of the Isuzu Trooper, a sport utility vehicle (“SUV”) Plaintiffs Isuzu Motors Ltd. (“Manufacturer”), Isuzu Motors America, Inc. (“Importer”) and American Isuzu Motors, Inc. (“Distributor”) (collectively “plaintiffs” or “Isuzu”) assert claims for (1) defamation from a continuing course of conduct; (2) defamation from specific publications; (3) product disparagement from a continuing course of conduct; (4) product disparagement from specific publications; (5) unlawful, unfair and fraudulent business practices under Cal. Bus. & Prof.Code; (6) intentional interference with business relations; and (7) declaratory relief.

Plaintiffs allege that beginning in August, 1996, and continuing to date, in both its magazine Consumer Reports and in numerous other print, broadcast and Internet publications, defendant CU made a series of false statements about Isuzu and the Isuzu Trooper to the effect that…