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Klaehn v. Cali Bamboo, LLC

Klaehn v. Cali Bamboo, LLC

United States District Court for the Southern District of California

June 14, 2021, Decided; June 14, 2021, Filed

Case No.: 19-CV-1498 TWR (KSC)

Opinion

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFFS' THIRD AMENDED CLASS ACTION COMPLAINT

(ECF No. 60)

Presently before the Court is Defendant Cali Bamboo, LLC's Motion to Dismiss Plaintiffs' Third Amended Class Action Complaint ("Motion," ECF No. 60), as well as Plaintiffs William Klaehn, Maria Cocchiarelli-Berger, Roland Gatchell, and Alan Mayse's Opposition to ("Opposition," ECF No. 61) and Defendant's Reply in Support of ("Reply," ECF No. 62) the Motion. The Court held a hearing on May 20, 2021. (ECF No. 64.) Having carefully reviewed Plaintiffs' Third [*3]  Amended Class Action Complaint ("TAC," ECF No. 53) and attached exhibits, the Parties' arguments, and the law, the Court GRANTS Defendant's Motion and DISMISSES WITH PREJUDICE the TAC.

BACKGROUND1

I. Defendant's Business and Marketing of the Product

Since approximately 2008, Defendant has developed, manufactured, advertised, sold, and distributed throughout the United States strand bamboo flooring under the brand name Cali Bamboo (the "Product") for use in residences and other buildings. (TAC ¶ 1.) The Product employs a click installation system and is solid strand bamboo. (Id. ¶ 20.) Defendant markets and distributes the Product via third-party retailers, such as Great American Flooring and Lowe's Home Improvement Store. (Id. ¶ 25.) Plaintiffs allege that these "retailers are Defendant's agents who apply to be authorized retailers, and are provided with the marketing material to use, including store displays, consumer catalogs, photos and videos." (Id.)

The Product is sold with a residential warranty (the "Warranty"). (Id. ¶¶ 7-8.) Plaintiffs attach two Warranties to the TAC: one that was in use from approximately 2015 to at least February 2019 ("Pre-2019 Warranty," TAC Ex. 1, ECF [*4]  53-1), and one that was in use from at least July 2019 to the present ("2019 Warranty," TAC Ex. 2, ECF 53-2).2 (See TAC ¶¶ 7-8.) Plaintiffs allege that the Pre-2019 Warranty applies to their claims. "None of the named plaintiffs saw any of Defendant's warranties before purchasing their flooring products." (Id. ¶ 9.) Plaintiffs allege that, at the time of Plaintiffs' purchases, the warranty was publicly available at www.calibamboo.com/bambooflooring-warranty. (Id. ¶ 48, n.6.)

The Pre-2019 Warranty states:

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2021 U.S. Dist. LEXIS 136603 *; 2021 WL 3044166

WILLIAM KLAEHN, MARIA COCCHIARELLI-BERGER, ROLAND GATCHELL, and ALAN MAYSE on behalf of themselves and all others similarly situated, Plaintiffs, v. CALI BAMBOO, LLC; and DOES 1 through 200, inclusive, Defendants.

Prior History: Klaehn v. Cali Bamboo, LLC, 2020 U.S. Dist. LEXIS 123288, 2020 WL 3971518 (S.D. Cal., July 13, 2020)

CORE TERMS

warranty, flooring, Plaintiffs', Bamboo, consumer, allegations, cause of action, unfair, prong, express warranty, installation, fraudulent, durable, unconscionable, complaints, omission, alleged defect, representations, purchases, courts, fails, defects, notice, manufacturer, advertised, privity, third-party, affirmative misrepresentation, leave to amend, long-lasting

Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Dismissal, Involuntary Dismissals, Failure to State Claims, Pleadings, Complaints, Requirements for Complaint, Pleading & Practice, Rule Application & Interpretation, Evidence, Inferences & Presumptions, Inferences, Heightened Pleading Requirements, Fraud Claims, Mistake, Amendment of Pleadings, Leave of Court, Antitrust & Trade Law, Trade Practices & Unfair Competition, State Regulation, Scope, Consumer Protection, Deceptive & Unfair Trade Practices, State Regulation, Securities Law, Elements of Proof, Materiality, Puffery, Business & Corporate Compliance, Contracts Law, Contract Conditions & Provisions, Express Warranties, Commercial Law (UCC), Contract Provisions, Warranties, Torts, Products Liability, Theories of Liability, Breach of Warranty, Funds Transfers (Article 4A), Issuance & Acceptance of Payment Orders, Bank Deposits & Collections (Article 4), Collections, Payment, Presentment & Settlement, Fraud & Misrepresentation, Actual Fraud, Elements, Business Torts, Unfair Business Practices, Deceptive Labeling & Packaging, Claims, Breach, Implied Warranty of Merchantability, Implied Warranties, Merchantability, Third Party Beneficiaries, Appeals, Appellate Briefs, Reviewability of Lower Court Decisions, Preservation for Review, Motion Practice, Opposing Memoranda, Types of Contracts, Contracts Law, Defenses, Unconscionability, Arbitration Agreements, Governments, Legislation, Statute of Limitations, Time Limitations