Perez
Perez v. Monster Inc.
Opinion
Lead Opinion
Chen, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS
Plaintiff Benjamin Perez has filed a putative class action against Defendants Monster ínc. and two Best Buy entities (Best Buy Stores, LP and Bestbuy.com LLC) (collectively, “Best Buy”), based on Monster’s sale of certain High-Definition Multimedia Interface (“HDMI”) cables. The gist of the case is that Defendants purportedly claim that “1080p and 4K HDTVs will not work properly unless consumers use Monster HDMI cables with bandwidths of 18,0, 22.5 or 27.0 gigabits per second (‘Gbps’)” when, “[i]n fact, any HDMI cable with a bandwidth of just 10.2 Gbps can transmit all 1080p and 4K signals perfectly.” Compl. ¶ 2. Currently pending before the Court is Defendants’ motion to dismiss.
Having considered the parties’ briefs, as well as the ¡oral argument of counsel, the Court hereby GRANTS in part and DENIES in part Defendants’ motion.
I. FACTUAL & PROCEDURAL BACKGROUND
In the complaint, Mr. Perez alleges as follows.
“HDMI is a proprietary standard [which belongs to HDMI Licensing, LLC] for transmitting digital video and audio from high definition (‘HD’) sources (e.g., digital cable boxes and Blu-ray…