Bui-Ford

I. BACKGROUND

24 Tesla designs, manufactures, markets, and sells electric vehicles. FAC ¶ 35. As Tesla 25 discloses on its website, “Tesla vehicles regularly receive over-the-air software updates that add 26 new features and enhance existing ones over Wi-Fi.” Id. ¶ 45. Plaintiffs allege that Tesla 27 1 knowingly designs these software updates to deplete the battery and reduce the driving range of 2 some Tesla Model S and Model X vehicles by at least 20% without any warning to the customer. 3 Id. ¶¶ 2, 57–60. Although many owners receive a notice on their vehicles’ screens or on the Tesla 4 app on their phones asking them to install the update, some owners receive no notice at all. Id. 5 ¶¶ 4, 15, 22, 24, 29, 31, 32, 34. Instead, the car automatically downloads and installs the update. 6 Id. In many cases, car owners must then pay third parties hundreds of dollars to reverse the 7 software update so that they can continue to experience the battery performance they had before 8 the update. Id. ¶ 2. In some other cases, the software updates render the batteries inoperable, 9 requiring car owners to purchase a new battery at a cost of up to $15,000. …