credit insurance coverage ... and then rejecting insurance claims”). e. California Express Warranty Claim To prevail on a breach of express warranty claim under California law, plaintiffs must prove “(1) the seller’s statements constitute an affirmation of fact or promise ...; (2) the statement was part of the basis of the bargain; and (3) the warranty was breached.” Weinstat v. Dentsply Int’l, Inc., 180 Cal.App.4th 1213, 103 Cal.Rptr.3d 614, 626 (2010) (internal quotation marks omitted). However, plaintiffs “need not establish reliance as an element of [an] express warranty claim, and thus, need not establish reliance on a elasswide basis.” Karim v. Hewlett-Packard Co., 2014 WL 555934, at *6 (N.D.Cal. Feb. 10, 2014); see also Weinstat v. Dentsply Int’l, Inc., 103 Cal.Rptr.3d at 626 (<HOLDING>). Because reliance is not an element of express
holding inter alia defendant breached implied warranty of merchantability where an express warranty regarding safety of goods was printed on package and where goods failed to conform to the express warranty holding the concept of reliance has been purposefully abandoned for express warranty claims under the ucc holding that warranty claim accrued at tender where 180 day warranty on computer not a warranty for future performance as it involved a remedy only holding plaintiffs were not foreclosed from pursuing ucc remedies outside of written warranty because warranty notice provision did not specify that the remedies provided were exclusive of any other remedy holding that article 2 of the ucc preempts common law claims