Sanchez

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LUZ SANCHEZ, DOLLY VIERRA, M.S., a minor, and A.D., a minor, on behalf of themselves and all persons similarly No. C 20-06929 WHA situated,

Plaintiffs,

ORDER RE DEFENDANT’S

v.

MOTION TO DISMISS AND

PLAINTIFFS’ MOTION

NINTENDO OF AMERICA INC., FOR LEAVE TO AMEND

Defendant.

INTRODUCTION In this putative class action about an allegedly defective video game system, defendant moves to dismiss for lack of standing. To the extent stated, the motion to dismiss is GRANTED. STATEMENT As alleged, the Nintendo Switch was a video game console. It came with two hand-held controllers, “Joy Cons,” which had joysticks, buttons, and haptics, allowing users to control the movements of their avatars. At all material times, the Switch and Joy Cons, working as a unit, allegedly harbored a defect, which caused the on-screen avatar to move without direction from the player. This caused it to “drift”…