SANTA ANA, Calif. (Legal Newsline) – Two California residents
are suing manufacturers and sellers of certain softball bats over claims
they concealed known defects in the bats.
Hiroyaki Oda and Corey Roth, individually and for all others similarly
situated, filed a class-action lawsuit Dec. 23 in the Southern Division
of the Central District of California against DeMarini Sports, DeMarini
Sports Group Limited Partnerships, Wilson Sporting Goods, and Does 1-10,
alleging breach of express and implied warranties, products liability
and violations of California civil and business codes.
The suit states the defendants manufacture and/or sell DeMarini White
Steel softball bats. According to the suit, one of DeMarini's primary
slogans is "Maker of the World's Finest Bats," and its website states:
"Along with insane dedication to performance comes an insane dedication
to quality. Our technology and durability is unmatched and we offer an
exceptional warranty to secure your investment."
However, the plaintiffs allege complaints show these bats have known
manufacturing defects that cause them to crack, bend and flatten with
minimal use, despite DeMarini's claims of quality.
The suit also states the "White Steel" bats are not made of steel but a weaker metal with a higher rate of failure.
The suit states DeMarini has stopped manufacturing and selling this
model of softball bat but has not made an effort to recall the bats from
retailers or the public.
The plaintiffs and others in the class seek disgorgement, injunctive
relief, exemplary and punitive damages, damages and civil penalties,
equitable remedies, interests and attorney fees and costs, together to
exceed $5 million. They are represented by attorneys Brian D. Chase and
Jerusalem F. Beligan of Bisnar Chase in Newport Beach, California, and
by attorney Jesse M. Bablove of Bordin Martorell in Los Angeles.
Southern Division of the Central District of California Case number 8:15-CV-02131-JLS-JCG