SAN FRANCISCO – A California resident alleges the gaming console he bought contains a defect that was known by the manufacturer.
Dominic Moschitti filed a complaint on behalf of on behalf of himself and all others similarly situated on Oct. 26 in the U.S. District Court for the Northern District of California against Sony Interactive Entertainment Inc. and Sony Corp. of America alleging violation of the California Consumer Legal Remedies Act, negligent misrepresentation, fraud and other counts.
According to the complaint, the plaintiff alleges that he purchased the defendants' game console, Sony PlayStation 4, but just recently discovered that the defendant concealed a material manufacturing defect that ultimately causes disc drives in the console to eject in an infinite loop, rendering it useless for its intended purpose. As a result of defendants' unfair business practices, he alleges he has suffered an ascertainable loss of money and property.
The plaintiff holds Sony Interactive Entertainment Inc. and Sony Corp. of America responsible because the defendants allegedly breached the terms of its contracts with purchasers when it marketed and sold the units containing the defect, intentionally concealed the disc drive defect from consumers and distributed a defective product into the stream of commerce.
The plaintiff requests a trial by jury and seeks judgment against defendant, maintain as a class action, and appoint plaintiff as the representative and her counsel as class counsel, damages, restitution, interest, injunctive and/or declaratory relief. He is represented by Richard D. McDune and David C. Wright of McCune Wright LLP in Redlands.
U.S. District Court for the Northern District of California Case number 3:16-cv-06182