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HERRON v. BEST BUY CO. INC.

No. 2:12-cv-02103-GEB-JFM.

924 F.Supp.2d 1161 (2013)

Chad HERRON, individually, on behalf of himself and all others similarly situated, Plaintiffs, v. BEST BUY CO. INC., a Minnesota corporation; Toshiba America Information Systems, Inc., a California corporation; and Does 1-100, inclusive, Defendants.

United States District Court, E.D. California.

February 14, 2013.

Attorney(s) appearing for the Case

Gene Joseph Stonebarger, Elaine Wing Ling Yan, Richard David Lambert, Stonebarger Law, APC, Folsom, CA, for Plaintiffs.

Andrew D. Muhlbach, Samuel James Boone Lunier, Penelope A. Preovolos, Morrison & Foerster LLP, San Francisco, CA, John Michael Stusiak, Morrison And Foerster LLP, Sacramento, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS FIRST AMENDED COMPLAINT

GARLAND E. BURRELL, JR., Senior District Judge.

Defendants Best Buy Co. Inc. ("Best Buy") and Toshiba America Information Systems, Inc. ("Toshiba") (collectively "Defendants") move to dismiss Plaintiff's complaint under Federal Rules of Civil Procedure ("Rules") 9(b) and 12(b)(6). This case is a putative consumer class action alleging violations of the California...

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