Medimatch, Inc. v. Lucent Technologies Inc.

ORDER GRANTING IN PART, DENYING IN PART, DEFENDANTS’ MOTIONS TO DISMISS

This is a consumer fraud action brought by plaintiffs MediMateh Corporation and Intrax Corporation on behalf of themselves and a potential class. MediMateh and In-trax purchased and/or leased a modest volume of business telephone products from the manufacturer, Lucent, and its financing affiliate, Newcourt. Plaintiffs’ suit boils down to the claim that defendants misrepresented or concealed Y2K defects in the equipment, and that Lucent refused to repair or replace the telephone equipment free of charge.

Plaintiffs Amended Complaint asserts three causes of action:

Defendants have moved for dismissal. The Court issued a comprehensive Tentative Order, and subsequently heard argument by counsel for all parties on September 25, 2000. Having fully considered the written and oral arguments of counsel, including counsel’s responses to the Tentative Order, the Court hereby issues its final order on the motion.

I. FACTUAL BACKGROUND

A. The Parties

Plaintiff MediMatch, Inc. is a small California-based business that matches health care professionals with job openings in the health care field. Plaintiff International…