Johnson v. Mitsubishi Digital Electronics America, Inc.

Under the specific factual and procedural posture of this case, I agree that the district court properly granted summary judgment on the claims. However, in my view, different underlying circumstances might dictate a another outcome. See, e.g., Date v. Sony Electronics, 2009 WL 435289 (E.D.Mich.2009).

*832 MEMORANDUM **

Plaintiff Kelly Johnson appeals the district court’s summary judgment ruling in favor of Defendant Mitsubishi Digital Electronics Association on his California express warranty, fraudulent concealment, unfair competition, and unjust enrichment claims. Plaintiffs claims arise out of Mitsubishi’s marketing of high-definition televisions as “1080p.” We have jurisdiction pursuant to 28 U.S.C. § 1291 . For the following reasons, we affirm.

First, Plaintiff’s express warranty claim fails to the extent it is based on his television’s “Embedded Software” warranty. No record evidence supports Plaintiffs claim that his television’s inability to process a native 1080p signal through its HDMI ports is software-related. To the extent this claim is based on Mitsubishi’s use of the phrase “1080p” to describe Plaintiffs television, under Cal. Com.Code § 2813, it also fails. Notwithstanding counsel’s argument to the contrary, Plaintiffs television satisfies his expert’s definition of 1080p, insofar as it is ready to receive a native 1080p signal through its antenna if and when broadcasters begin transmitting in 1080p. Plaintiffs belated reliance on the television’s “Parts”…