context: (Dkt. No. 95 at 20.) In the SAC, Plaintiffs' allegations regarding the prerelease tests that they believe Defendant should have performed remain speculative.
citation_a.signal: cf.
citation_a.identifier: 496 F.Supp.2d 1088, 1096
citation_a.parenthetical: finding that plaintiffs adequately alleged defendant's presale knowledge of defect based on defendant's exclusive knowledge of information that defendant actually had rather than information plaintiffs speculated defendant had
citation_a.sentence: See, e.g., Wilson, 668 F.3d at 1147 (“The allegation that HP, as the manufacturer, had ‘access to the aggregate information and data regarding the risk of overheating’ is speculative and does not suggest how any tests or information could have alerted HP to the defect.”); Tietsworth v. Sears, Roebuck & Co., No. 5:09-CV-00288 JFHRL, 2009 WL 3320486, at *2 (N.D.Cal. Oct. 13, 2009) (finding conclusory the allegation that defendants were in a “superior position to know the truth about the [product]”); Oestreicher v. Alienware Corp., 544 F.Supp.2d 964, 974 (N.D.Cal.2008) (holding that plaintiffs allegation that defendant had “exclusive knowledge as the manufacturer” did not support claim that defendant was aware of a defect); cf. Falk v. Gen. Motors Corp., 496 F.Supp.2d 1088, 1096 (N.D.Cal.2007) (finding that plaintiffs adequately alleged defendant’s presale knowledge of defect based on defendant’s exclusive knowledge of information that defendant actually had rather than information plaintiffs speculated defendant had).
citation_b.signal: see
citation_b.identifier: 544 F.Supp.2d 964, 974
citation_b.parenthetical: holding that plaintiffs allegation that defendant had "exclusive knowledge as the manufacturer" did not support claim that defendant was aware of a defect
citation_b.sentence: See, e.g., Wilson, 668 F.3d at 1147 (“The allegation that HP, as the manufacturer, had ‘access to the aggregate information and data regarding the risk of overheating’ is speculative and does not suggest how any tests or information could have alerted HP to the defect.”); Tietsworth v. Sears, Roebuck & Co., No. 5:09-CV-00288 JFHRL, 2009 WL 3320486, at *2 (N.D.Cal. Oct. 13, 2009) (finding conclusory the allegation that defendants were in a “superior position to know the truth about the [product]”); Oestreicher v. Alienware Corp., 544 F.Supp.2d 964, 974 (N.D.Cal.2008) (holding that plaintiffs allegation that defendant had “exclusive knowledge as the manufacturer” did not support claim that defendant was aware of a defect); cf. Falk v. Gen. Motors Corp., 496 F.Supp.2d 1088, 1096 (N.D.Cal.2007) (finding that plaintiffs adequately alleged defendant’s presale knowledge of defect based on defendant’s exclusive knowledge of information that defendant actually had rather than information plaintiffs speculated defendant had).