Background
Soto et al. v. Future Motion, Inc., et al., is a putative class action filed on behalf of individuals in California who purchased the Onewheel+ XR (“XR”) beginning in February of 2018. The XR is marketed as an all-terrain vehicle, often referred to as a one-wheeled electric skateboard, and is accompanied by a limited warranty.
The suit alleges that Defendant Future Motion, Inc., falsely advertised the XR's capabilities, including but not limited to the XR's ability to handle all types of terrain, and thereafter refused to honor the XR's warranty, often times unlawfully blaming advertised uses and/or so-called "third-party" repairs. In addition, the suit alleges that Future Motion, Inc., engages in an unlawful scheme of limiting XR owners' ability to receive adequate repairs from independent facilities, thus requiring XR owners to pay exorbitant shipping and repair costs, sometimes using its possession of owners' XRs as leverage.
If you reside in California and purchased an XR and/or had warranty repairs denied, you may have a claim against Future Motion, Inc. If interested, please contact the Law Offices of Connor W. Olson and/or submit an online questionnaire, which will assist in determining whether you have a claim.
The suit alleges that Defendant Future Motion, Inc., falsely advertised the XR's capabilities, including but not limited to the XR's ability to handle all types of terrain, and thereafter refused to honor the XR's warranty, often times unlawfully blaming advertised uses and/or so-called "third-party" repairs. In addition, the suit alleges that Future Motion, Inc., engages in an unlawful scheme of limiting XR owners' ability to receive adequate repairs from independent facilities, thus requiring XR owners to pay exorbitant shipping and repair costs, sometimes using its possession of owners' XRs as leverage.
If you reside in California and purchased an XR and/or had warranty repairs denied, you may have a claim against Future Motion, Inc. If interested, please contact the Law Offices of Connor W. Olson and/or submit an online questionnaire, which will assist in determining whether you have a claim.
Status
Soto et al. v. Future Motion, Inc., et al., was filed September 8, 2020 in the Superior Court of Santa Cruz County.
On October 7, 2020, Future Motion, Inc., removed the case to the United States District Court for the Northern District of California, San Jose Division.
On November 6, 2020, Plaintiff filed a First Amended Complaint ("FAC"). In total, the FAC contains seven causes of action for: (1) False Advertising in Violation of California Business & Professions Code §§ 17500, et seq.; (2) Violation of Manufacturer’s Duties Under the Song-Beverly Consumer Warranty Act §§ 1790, et seq.; (3) Violation of Consumer Legal Remedies Act §§ 1750, et seq.; (4) Unfair Business Practices in Violation of California Business & Professions Code §§ 17200, et seq.; (5) Breach of Express Warranty; (6) Negligent Misrepresentation; and (7) Unjust Enrichment.
On March 31, 2021, the United States District Court remanded the case back down to the Superior Court of Santa Cruz County, where it is currently being litigated.
On December 27, 2021, Future Motion, Inc., filed a Demurrer to the FAC on the grounds that - according to Future Motion, Inc., - the FAC "failed to state a single cognizable claim for relief."
On January 27, 2022, the Court entered a four page Order overruling Future Motion Inc.'s Demurrer in its entirety.
On October 7, 2020, Future Motion, Inc., removed the case to the United States District Court for the Northern District of California, San Jose Division.
On November 6, 2020, Plaintiff filed a First Amended Complaint ("FAC"). In total, the FAC contains seven causes of action for: (1) False Advertising in Violation of California Business & Professions Code §§ 17500, et seq.; (2) Violation of Manufacturer’s Duties Under the Song-Beverly Consumer Warranty Act §§ 1790, et seq.; (3) Violation of Consumer Legal Remedies Act §§ 1750, et seq.; (4) Unfair Business Practices in Violation of California Business & Professions Code §§ 17200, et seq.; (5) Breach of Express Warranty; (6) Negligent Misrepresentation; and (7) Unjust Enrichment.
On March 31, 2021, the United States District Court remanded the case back down to the Superior Court of Santa Cruz County, where it is currently being litigated.
On December 27, 2021, Future Motion, Inc., filed a Demurrer to the FAC on the grounds that - according to Future Motion, Inc., - the FAC "failed to state a single cognizable claim for relief."
On January 27, 2022, the Court entered a four page Order overruling Future Motion Inc.'s Demurrer in its entirety.
Court Filings
| Class Action Complaint |
| First Amended Class Action Complaint |
| Court Order re Demurrer |