Judge Grants Plaintiffs Leave by Nov. 22 to Amend Fraud Complaint vs. HP

U.S. District Judge Yvonne Gonzalez Rogers for Northern California in Oakland granted in part and denied in part HP’s June 30 motion to dismiss the fraud class action involving allegedly defective laptop trackpads, said her signed order Wednesday (docket 4:23-cv-02114). Her order granted plaintiffs Justin and Gary Davis leave to amend their complaint by Nov. 22. The plaintiffs allege that defective trackpads in their HP Omen laptops rendered their computers completely unusable without an external mouse (see 2306220056). HP moved to dismiss for their failure to allege facts sufficient to support their individual claims for relief (see Ref:2307030008]). HP also contends the plaintiffs fail to allege facts showing they have Article III and statutory standing to challenge HP’s advertising of HP Omen laptops. Rogers’ order found that the plaintiffs lack standing to bring their misrepresentation claims or to represent a nationwide class, but they do have standing to pursue claims for models of the Omen laptop other than the ones they. Her order also found that the plaintiffs do have standing to seek injunctive relief. They can also bring an implied warranty claim as “third-party beneficiaries to the contracts between HP and the retailers who sold plaintiffs their laptops,” said the order. But they haven’t adequately pled “that they were third-party beneficiaries to that contract,” it said. “At this stage, plaintiffs can maintain their restitution and unjust enrichment claims,” said the order.