Wilson

Wilson v. Hewlett-Packard Co.

Good Law
668 F.3d 1136·2012 WL 502442·2012 U.S. App. LEXIS 3174
United States Court of Appeals for the Ninth CircuitFebruary 16, 201217-55573California6,054 words

Opinion

Opinion

Duffy, J.

Plaintiffs Cass Wilson and Douglas Kruschen (“Plaintiffs”) appeal the dismissal of their second amended complaint alleging that Hewlett-Packard (“HP”) concealed a design defect in its Pavilion Notebook computers (the “Laptops”) that manifested after the expiration of the warranty and created an unreasonable safety hazard in violation of California’s Consumers Legal Remedies Act (“CLRA”), Cal. Civ.Code § 1750 et seq., and Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code § 17200 et seq. The District Court dismissed the second amended complaint, holding that Plaintiffs failed to plausibly allege a defect in the Laptops that created a safety hazard or that HP had any knowledge of the alleged defect. We find that the District Court did not err in requiring Plaintiffs to allege the existence of an unreasonable safety defect. We also find that the District Court did not err in holding that Plaintiffs failed to plausibly allege the existence of an unreasonable safety defect or HP’s knowledge of a defect. Accordingly, we AFFIRM the judgment of the District Court.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff Cass Wilson purchased an HP Pavilion Notebook computer in the summer…

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