Court Denies Motion To Dismiss In California Case Against Gateway

Shepherd, Finkelman, Miller & Shah (“SFMS”) is pleased to announce that on August 25, 2008, the United States District Court for the Central District of California, the Honorable Stephen V. Wilson presiding, denied in its entirety the Motion of Defendant, Gateway, Inc., to Dismiss the Class Action Complaint of Plaintiff, Eugene Rosenfeld. The Class Action Complaint alleges that Gateway misrepresented material information when it marketed, advertised and sold CX210 Convertable Notebook computers and other laptop computers that were represented to be capable of supporting four (4) gigabytes (“GB”) of memory. As a result of Judge Wilson’s ruling, the claims asserted against Gateway all will be permitted to go forward. Specifically, the Class Action Complaint filed in this case asserts claims for violations of California’s Unfair Competition Law, False Advertising Law and Song-Beverly Warranty Act, as well as for breach of written warranty under the federal Magnuson-Moss Warranty Act and for breach of the implied warranty of merchantability. Judge Wilson also has set an early trial date in this case for March 3, 2009.

SFMS congratulates Nathan Zipperian, James C. Shah and James E. Miller on this decision and for their work in this matter.