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ANUNZIATO v. EMACHINES, INC.

No. SACV05-610JVSMLGX.

402 F.Supp.2d 1133 (2005)

Michael ANUNZIATO, Plaintiffs, v. eMACHINES, INC., Defendants.

United States District Court, C.D. California.

November 10, 2005.

Attorney(s) appearing for the Case

James E. Miller, Shepherd Finkelman Miller and Shah, Patrick A. Klingman, Chester, CT, James C. Shah, Nathan Zipperian, Shepherd Finkelman Miller and Shah, Media, PA, Thomas D. Mauriello, Thomas D Mauriello Law Offices, San Francisco, CA, for Plaintiffs.

Jeffery David McFarland, Shon Morgan, Stan Karas, Quinn Emanuel Urquhart Oliver & Hedges, Los Angeles, CA, for Defendants.

MEMORANDUM RE MOTION TO DISMISS

SELNA, District Judge.

I. BACKGROUND

The instant case is a putative class action alleging that a line of defendant eMachines, Inc.'s ("eMachines") laptop computers contains a defect causing some of them to overheat. Plaintiff Michael Annunziato ("Annunziato") has alleged five claims under California law and seeks relief on behalf of "[a]ll persons or entities who purchased . . . the eMachines 5300

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