McKinney v. Corsair Gaming, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 ANTONIO MCKINNEY, and CLINT Case No. 22-cv-00312-CRB SUNDEEN, each individually and on behalf of all others similarly situated,

ORDER GRANTING IN PART AND

Plaintiffs,

DENYING IN PART DEFENDANT’S

MOTION TO DISMISS

v.

CORSAIR GAMING, INC.,

Defendant.

Plaintiffs Antonio McKinney and Clint Sundeen allege that Defendant Corsair Gaming, Inc.’s (“Corsair”) packaging of and advertisements for its computer memory cards contain deceptive and misleading statements, in violation of the common law and the consumer protection laws of California and 43 other states. FAC ¶¶ 76-140. Before the Court is Corsair’s Motion to Dismiss the First Amended Complaint (“MTD”) (dkt. 27). The Court GRANTS the motion to dismiss as to (1) claims based on advertisements, (2) omissions claims, (3) equitable claims, (4) negligent misrepresentation claims, and (5) class claims with respect to products they did not purchase. The Court DENIES the motion as to (1)…