Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02126-BEN-RBB

Document 15

Filed 12/28/2007

Page 1 of 2

1 NANCY SHER COHEN (Bar No. 81706) [email protected] 2 RONALD A. VALENZUELA (Bar No. 210025) [email protected] 3 HELLER EHRMAN LLP 333 South Hope Street, 39th Floor 4 Los Angeles, CA 90071-3043 5 Telephone: +1.213.689.0200 Facsimile: +1.213.614.1868 6 Attorneys for Defendant 7 SONY ELECTRONICS INC. 8 9 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No. 07cv2126 - BEN (RBB) SONY ELECTRONICS INC.'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) The Honorable Roger T. Benitez Courtroom: 3 Date: February 11, 2008 Time: 10:30 a.m.

11 JASON DEMAS and JOHN RENNINGER, on 12 their own behalf and on behalf of all others similarly situated, 13 Plaintiffs, 14 15 v.

16 SONY ELECTRONICS INC., 17 18 19 20 21 Defendant.

NOTICE IS HEREBY GIVEN that on February 11, 2007 at 10:30 a.m., or as soon

22 thereafter as counsel may be heard by the Honorable Roger T. Benitez, in Courtroom 3 of 23 the United States District Court, located at 940 Front Street, San Diego, California 92101, 24 defendant Sony Electronics Inc. ("SEL") will and hereby does move for an order, pursuant 25 to Federal Rule of Civil Procedure 12(b)(6), dismissing plaintiffs' First Amended 26 Complaint in its entirety on the ground that plaintiffs have failed to state a claim for relief 27 against SEL for the following reason: 28 The allegations of plaintiffs' First Amended Complaint are insufficient to state a
SONY ELECTRONIC INC.'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) CASE NO. 07cv2126 - BEN (RBB)

Case 3:07-cv-02126-BEN-RBB

Document 15

Filed 12/28/2007

Page 2 of 2

1 cause of action under California's consumer protection laws ­ the Unfair Competition Law 2 and Consumer Legal Remedies Act ­ because both Demas and Renninger allege they are 3 Illinois residents whose injury occurred entirely outside of California. 4 This motion is based upon this Notice of Motion and Motion, the accompanying

5 Memorandum of Points and Authorities, all pleadings and papers on file in this action, and 6 upon such other matters as may be presented to the Court at the time of the hearing. 7 December 28, 2007 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
SONY ELECTRONIC INC.'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) CASE NO. 07cv2126 - BEN (RBB)

HELLER EHRMAN LLP

By s/Ronald A. Valenzuela Nancy Sher Cohen Ronald A. Valenzuela Attorneys for Defendant SONY ELECTRONICS INC.