                  Violation of Magnuson-Moss Warranty Act, 15 U.S.C. § 2310(d)(1)  (On behalf of the Nationwide Class)            11.   Plaintiff brings this action pursuant to Fed. R. Civ. P. 23 on behalf of himself  and all others similarly situated, comprising a Class and Subclass, which are defined as follows:  a.  Nationwide Class: All persons and entities in the United States who purchased or  owned, not for resale, during the four years preceding the date of the filing of this putative  class action through the present, a Pulse X2 or X26P model CEW manufactured by Taser.  b.  California Subclass: All persons and entities in the State of California who purchased  or acquired during the four years preceding the date of the filing of this putative class  action through the present, a Pulse, X2 or X26P model CEW manufactured by Taser.  c.  California Consumer Subclass:  All members of the California Subclass who  purchased or acquired for personal, family or household use during the four years  preceding the date of the filing of this putative class action through the present, a Pulse,  X2 or X26P model CEW manufactured by Taser.     Plaintiff is a member of the Nationwide Class and the California Subclass.     The preceding paragraphs are incorporated herein by reference as though the same  were set forth below at length.       The preceding paragraphs are incorporated herein by reference as though the same  were set forth below at length.    Plaintiff brings this count individually and on behalf of the members of the  Nationwide Class.     The preceding paragraphs are incorporated herein by reference as though the same  were fully set forth at length.     Plaintiff brings this count individually and on behalf of the members of the  California Consumer Subclass.    Plaintiff and members of the California Consumer Subclass are “buyers” within  the meaning of Cal. Civ. Code § 1791.      The CEWs are “consumer goods” within the meaning of Cal. Civ. Code §  1791.     The preceding paragraphs are incorporated herein by reference as though the same  were fully set forth below at length.     Plaintiff brings this count individually and on behalf of the members of the  California Subclass.     Plaintiff and members of the California Subclass are “buyers” within the meaning  of Cal. Civ. Code § 1791.      The CEWs are “consumer goods” within the meaning of Cal. Civ. Code § 1791.     Taser is a “manufacturer” of the CEWs within the meaning of Cal. Civ. Code   § 1791.      Taser impliedly warranted to Plaintiff and the California Subclass members that  the CEWs were “merchantable” within the meaning of Cal. Civ. Code §§ 1791.1(a) and 1792.     Cal. Civ. Code § 1791.1 states that: “Implied warranty of merchantability” or  “implied warranty that goods are merchantable” means that the consumer goods meet each of the  following:  (1) Pass without objection in the trade under the contract description;  (2) Are fit for the ordinary purpose for which such goods are used;  (3) Are adequately contained, packaged, and labeled; and  (4) Conform to the promises of affirmations of fact made on the container or label.     The CEWs would not pass without objection because they share a common design  defect in that they are prone to firing with the safety mechanism engaged.     Because of the defect, the CEWs are not fit for their ordinary purpose.     The CEWs were not adequately labeled because the labeling failed to disclose the  defects described herein.     The preceding paragraphs are incorporated herein by reference as though the same  were fully set forth below at length.     Plaintiff brings this count individually and on behalf of the members of the California  Subclass.     Taser was aware of the CEWs defect when it marketed and sold the CEWs to  Plaintiff and the California Subclass members.    FRAUDULENT OMISSION   (On Behalf of the California Subclass)          UNJUST ENRICHMENT  (On Behalf of the California Subclass)   VIOLATION OF THE SONG-BEVERLY CONSUMER WARRANTY ACT FOR   BREACH OF IMPLIED WARRANTY  Cal. Civ. Code § 1790, et seq.  (Brought on behalf of the California Consumer Subclass)   VIOLATION OF THE SONG-BEVERLY CONSUMER WARRANTY ACT FOR  BREACH OF EXPRESS WARRANTY  Cal. Civ. Code § 1790, et seq.  (On behalf of the California Consumer Subclass)  