Zhang v. Subaru of America, Inc.
4:12-cv-00857
N.D. Cal.Apr 13, 2012Background
- Jan 4, 2010 collision between AC Transit bus and a 1999 Subaru Legacy in Oakland; plaintiffs Weibin Zhang and Wei Cui alleged injuries from airbag nondeployment.
- Plaintiffs purchased the vehicle from a private seller, not Subaru, creating lack of privity with Suburu for implied warranty claims.
- Plaintiffs filed in Alameda Superior Court (Jan 4, 2012); Subaru removed to federal court based on diversity.
- Plaintiffs asserted six causes of action: strict liability, negligence, express warranty, implied warranty, negligent misrepresentation, and fraudulent concealment.
- Court granted in part and denied in part: implied warranty claim (4th) dismissed with prejudice; misrepresentation claims (5th, 6th) not against Subaru were not dismissed; fetus death allegation struck; hearing vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Implied warranty claim privity requirement | Zhang/Cui allege defect; Subaru liable if privity exists | No privity since vehicle bought from private seller | Implied warranty claim dismissed with prejudice due to lack of privity |
| Misrepresentation claims against Subaru | Fraud claims pled against manufacturer | Claims lack particularity under Rule 9(b) | Denied as to Subaru because claims are asserted against DOES 21–40, not Subaru |
| Fetus death allegation | Alleged wrongful death of fetus relevant to product defect | No wrongful death claim for stillborn fetus under CA law | Stricken as immaterial to the claims |
| Rule 12(f) strike of fetus allegation | GRANTED; fetus allegation struck |
Key Cases Cited
- Erickson v. Pardus, 551 U.S. 89 (U.S. 2007) (framework for notice pleading under Twombly/Iqbal)
- Twombly v. Bell Atlantic Corp., 550 U.S. 544 (U.S. 2007) (plausibility standard for complaint sufficiency)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (rejects bare allegations; requires plausible entitlement to relief)
- Ileto v. Glock, Inc., 349 F.3d 1191 (9th Cir. 2003) (limitations on federal pleading under Rule 8/12(b)(6))
- Allarcom Pay Television, Ltd. v. Gen. Instrument Corp., 69 F.3d 381 (9th Cir. 1995) (proof and pleading standards in pleading cases)
- Burr v. Sherwin Williams Co., 42 Cal.2d 682 (Cal. 1954) (privity required for implied warranty against manufacturers)
- Justus v. Atchison, 19 Cal.3d 564 (Cal. 1977) (death of fetus not a person for wrongful death purposes)