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KOWALSKY v. HEWLETT-PACKARD CO.

Case No. 10-CV-02176-LHK.

771 F.Supp.2d 1138 (2010)

Chaim KOWALSKY, on Behalf of Himself and All Others Similarly Situated, Plaintiff, v. HEWLETT-PACKARD COMPANY and Does 1 Through 100, inclusive, Defendants.

United States District Court, N.D. California, San Jose Division.

December 13, 2010.

Attorney(s) appearing for the Case

Jordan L. Lurie , Joel E. Elkins , Zev Benjamin Zysman , Weiss & Lurie, Los Angeles, CA, for Plaintiff.

Samuel G. Liversidge , Blaine H. Evanson , Rachel N. Perahia , Gibson Dunn & Crutcher LLP, Los Angeles, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

LUCY H. KOH, District Judge.

Defendant Hewlett-Packard Company ("HP") moves to dismiss Plaintiff Chaim Kowalsky's First Amended Class Action Complaint ("FAC") for failure to state a claim pursuant to Rules 12(b)(6) and 9(b). The Court heard oral argument on November 23, 2010. Having considered the parties' submissions and arguments, the Court grants in part and denies in part Defendant's motion...

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