Court Denies Motion To Dismiss Hewlett-Packard Class Action Lawsuit Over Alleged Power Supply Unit Defect & Random Freezing, Restarting and Shutting Down of Certain HP Computers.
A federal court has reportedly denied Hewlett-Packard Company’s (“Hewlett-Packard’s” “or HP’s” or “Defendant’s”) motion to dismiss a consumer class action complaint against Hewlett-Packard in the United States District Court for the Northern District of California (styled David Elias v. Hewlett-Packard Company, Case No. CV 12-CV-00421-LHK) alleging, among other things, that HP fraudulently sold computers equipped with Power Supply Units or PSUs that were incapable of providing adequate power to the included components (including an Advanced Micro Devices AMD graphics card), causing the HP computers to randomly freeze, restart, or shut down, and that HP failed to disclose this defect to purchasers, according to the court’s order denying motion to dismiss plaintiff’s third amended complaint in the Hewlett-Packard Class Action Lawsuit.
The Hewlett-Packard Class Action Lawsuit reportedly asserts legal claims for alleged violations of the California Consumer Legal Remedies Act or CLRA, the California False Advertising Law or FAL, California’s Unfair Competition Law or UCL, fraud, breach of express warranty, and breach of the implied warranty under the Song–Beverly Act.
The Court reportedly held that Plaintiff alleged sufficient facts in his third amended complaint to support a plausible inference that HP had knowledge of the alleged defective PSUs, and that Plaintiff adequately alleged active concealment and exclusive knowledge.
The plaintiff in the HP Class Action Lawsuit reportedly has sought to represent a nationwide class of persons who between December 7, 2007 and the present “purchased . . . a computer, directly from Defendant, with an included power supply unit having a rated capacity lower than (1) the total combined wattage of all internal PC components and peripherals or (2) the capacity recommended by the manufacturer of any included component or peripheral.”