HP Pavilion Notebooks

Summary of Pending Case: On January 6, 2009, Shepherd, Finkelman, Miller & Shah, LLP ("SFMS"), along with co-counsel filed a Class Action Complaint on behalf of Mr. Cass Wilson against Hewlett-Packard Company (“HP”) in the Superior Court of California, County of Santa Clara, Civil Action No. 1 09-CV-132004. The Complaint alleges that HP misrepresented and concealed material facts regarding certain laptops including a design defect, which causes the power jacks of the laptops to fail. Specifically, the defect affects the attachment of the power jacks to the motherboards of the laptops. As a result of the defect, the solder connection between the motherboard and the power jack is interrupted, which ultimately causes the laptops to fail. The HP Pavilion laptops at issue in Plaintiff’s case include laptops in the following series: dv, zd, ze, zt, zv and zx. Please click here for a list of laptop models that are excluded from Plaintiff’s case, as they were covered by a separate case and subsequent settlement.  
 
Plaintiff seeks to represent a class of all persons or entities in the United States who purchased, not for resale HP Pavilion Notebook model computers from the dv, zd, ze, zt, zv and zx series (with the exception of the excluded models mentioned above), directly from HP or from authorized resellers. Through his Complaint, Plaintiff alleges violations of the California Consumer Legal Remedies Act, the California Unfair Competition Law, and for breach of express warranty.

Status of Pending Case: In March 2009, HP filed a demurrer to the Class Action Complaint. Plaintiff opposed Defendant's Motion on April 6, 2009. After a hearing on Defendant's Motion, the Court overruled the demurrer with respect to Plaintiff's Unfair Competition Law claim. Further, the Court overruled HP's demurrer to the first and second causes of action for failure to specifically plead a cause of action grounded in fraud and overruled HP's demurrer with respect to the first and second cause of action for lack of standing.

The Court sustained HP's demurrer with respect to Plaintiff's claims under the CLRA and for breach of warranty, but granted leave to amend.

On May 11, 2009, Plaintiff filed an Amended Class Action Complaint and on May 21, 2009, HP filed a notice to remove this case to Federal Court.

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