Lima

Lima v. Gateway, Inc.

Good Law
710 F. Supp. 2d 1000·2010 WL 1816806·2010 U.S. Dist. LEXIS 120070
United States District Court, Central District of CaliforniaApril 26, 2010Case SACV 09-01366 DMG (MLGx)California3,593 words

Opinion

Opinion

Gee, J.

ORDER RE DEFENDANT’S MOTION TO DISMISS [9]

This matter is before the Court on Defendant’s Motion to Dismiss. A hearing was held on April 26, 2010, at which the parties appeared through their attorneys of record. For the reasons set forth below, the Motion to Dismiss is DENIED.

I.

PROCEDURAL HISTORY

On November 23, 2009, Plaintiff Mark D. Lima filed a Class Action Complaint against Defendant Gateway, Inc. on behalf of all persons or entities who bought a Gateway XHD3000 monitor. Plaintiff filed a First Amended Class Action Complaint (“1AC”) on January 22, 2010. On February 22, 2010, Defendant filed a Motion to Dismiss. Plaintiff filed an Opposition on March 22, 2010 and Defendant filed a Reply on April 12, 2010.

II.

ALLEGATIONS OF THE FIRST AMENDED CLASS ACTION COMPLAINT

Gateway, a computer hardware company headquartered in Irvine, California, develops, manufactures, supports, and markets a wide range of personal computers, computer monitors, servers, and computer peripherals and accessories. (1AC ¶ 11.) Following an October 2007 merger, Gateway has operated as a subsidiary of computer maker Acer, Inc. (Id. ¶ 13.)

On October 6, 2007, Gateway introduced the Gateway XHD3000…

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