Plaintiffs Lack Standing to Challenge HP Omen’s Ads, Says Motion to Dismiss

The fraud class action that plaintiffs Justin Davis and Gary Davis filed in May alleging defective trackpads in their HP Omen laptops rendered their computers completely unusable without an external mouse (see 2306220056) should be dismissed for its failure to allege facts sufficient to support their individual claims for relief, said HP’s motion Friday (docket 4:23-cv-02114) in U.S. District Court for Northern California in Oakland. The plaintiffs also fail to allege facts showing they have Article III and statutory standing “to challenge HP’s advertising of HP Omen laptops,” it said. Each plaintiff “fails to allege that he relied on any HP advertising in connection with his purchase, or any other connection between his alleged harm and HP’s conduct,” it said. It follows that the plaintiffs “lack standing to seek damages under Article III and the California and Illinois statutes that they purport to invoke,” it said. Their state statutory claims also fail because their complaint “fails to identify any actionable misrepresentation by HP, or other facts sufficient to support such claims,” it said. The plaintiffs’ equitable claims also fail because they haven’t alleged facts “demonstrating that they are at imminent risk of substantial harm, or that their legal remedies are inadequate,” it said.Their unjust enrichment claims “are duplicative of the remedy sought under their statutory claims, and premised on the same alleged facts,” it said.