Diew
Diew v. Amazon.com Services, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division DANINE DIEW, et al., Case No. 21-cv-01462-LB
Plaintiffs,
ORDER GRANTING IN PART AND
v. DENYING IN PART AMAZON’S
MOTION TO DISMISS
AMAZON.COM SERVICES, LLC, Re: ECF No. 8 Defendant. 16 INTRODUCTION This is a product-liability and breach-of-warranty lawsuit arising from an allegedly defective lithium battery (marketed as an Aeiusny battery and sold by a company called Aeiusny) that the plaintiff Danine Diew bought on the website Amazon.com Services. The battery exploded and caught fire in her home, destroying personal property, injuring the plaintiff and her minor child J.D.D. (also a plaintiff), and resulting in their displacement from their home for two months.1 The plaintiffs sued Amazon.com Services, which moved to dismiss all claims (negligent and strict product liability and breach of express and implied warranties) on the grounds that (1) the…