Wade

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 ERIC WADE, et al., individually and on behalf of all others similarly situated, Case No. 21-cv-05811-BLF

Plaintiffs, ORDER GRANTING MOTION TO

DISMISS FIRST AMENDED

v. COMPLAINT WITH LEAVE TO

AMEND

ONEPLUS USA CORP., [Re: ECF 37] Defendant.

12 In this putative class action, Plaintiffs sue Defendant OnePlus USA Corp. (“OnePlus”) for unfair competition, false advertising, fraud, and related federal and state law claims arising from the design, marketing, and sale of the OnePlus 9 and OnePlus 9 Pro smartphones. On August 11, 2022, the Court heard oral argument on OnePlus’s motion to dismiss the first amended complaint (“FAC”) pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The Court issued its ruling on the record, which is memorialized herein. For the reasons stated on the record and summarized below, the motion is GRANTED WITH LEAVE TO AMEND. The FAC is…