position — which they have maintained throughout this case — with their new allegations that Defendant started receiving customer complaints related to the defect almost immediately after the first-generation motors hit the market. Moreover, the Ninth Circuit has echoed doubt expressed by other courts “that customer complaints in and of themselves adequately support an inference that a manufacturer was aware of a defect, noting that complaints posted on a manufacturer’s webpage ‘merely establish the fact that some consumers were complaining’. By themselves they are insufficient to show that [the manufacturer] had knowledge [of the defect].” Wilson, 668 F.3d at 1147 (quoting Berenblat v. Apple, Inc., Nos. OS-4969 JF (PVT), 09-1649 JF (PVT), 2010 WL 1460297, at *9 (N.D.Cal. Apr. 9, 2010) (<HOLDING>)). Nevertheless, the court in Wilson conceded
holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect holding that an unspecified number of complaints posted on the defendants website was insufficient to show that the defendant had knowledge of an alleged defect holding that plaintiffs allegation that defendant had exclusive knowledge as the manufacturer did not support claim that defendant was aware of a defect holding that if the states criminal complaint against defendant had a jurisdictional defect the prosecution had the right to attempt to correct the defect and a motion to dismiss is one method of doing this holding there was no rule 404b violation where the evidence was admitted to show knowledge and knowledge was an element of the crime charged