Legal Opinion
Stearns v. Select Comfort Retail Corp.
District Court, N.D. California
Decided July 21, 2010No. Case 08-2746 JF (PVT)PublishedCited by 79 opinions
1Opinion of the Court
ORDER 1 GRANTING DEFENDANTS’ MOTIONS TO STRIKE AND DISMISS, AND DENYING PLAINTIFFS’ MOTION FOR LEAVE TO FILE THEIR FOURTH AMENDED COMPLAINT
JEREMY FOGEL, District Judge.
I. BACKGROUND
A. Procedural history
On April 25, 2008, Plaintiff Molly Stearns (“Stearns”), a California resident, filed a complaint in the Santa Clara Superior Court alleging that she had found mold in a Sleep Number® bed purchased at Bed Bath & Beyond (“BBB”) in 2000. The complaint alleged claims for strict product liability, intentional misrepresentation, negligent misrepresentation, concealment, breach of express warranty,…
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