Ladore

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

(Docket No. 30)

I. INTRODUCTION

Plaintiff Douglas Ladore filed this putative class action against Defendant Sony Computer Entertainment America LLC (hereafter Sony) regarding allegedly fraudulent or misleading representations Sony made about its video game Killzone: Shadow Fall (Killzone). Specifically, La-dore claims that Sony represented that Killzone’s “multiplayer” mode renders graphics in full (or “native”) 1080p resolution, when in fact Killzone’s multiplayer graphics are rendered with significantly less resolution than advertised.

*1067 Sony moves to dismiss the complaint on a number of grounds, including that its representations about Killzone’s multiplayer graphics were not false, that Plaintiff failed to adequately plead reliance on any alleged misrepresentation, that the Kill-zone video game is not a “good” so as to come under the auspices of the California Consumer Legal Remedies Act (CLRA), and that the economic loss rule bars La-dore’s tort claim for negligent misrepresentation.

The substantial majority of Sony’s arguments are premised on an unduly narrow reading of Plaintiffs complaint,…