LOS ANGELES (Legal Newsline) - An Arizona man is suing an inflatable mattress manufacturer and Wal-Mart, alleging certain of their mattresses are defective.
Georgeta Mirescu, individually and for all others similarly situated, filed a class action lawsuit against Intex Recreation Corp., Intex Marketing Ltd., Intex Corp., Intex Group, Wal-Mart Stores Inc. and Does 1-100, alleging breach of contract, breach of express and implied warranties, unjust enrichment, violations of the Texas Consumer Protection Act, and violations of California's Consumer Legal Remedies Act, its Unfair Competition Law, and its False Advertising Law.
The defendant removed the case to U.S. District Court for the Central District of Los Angeles from California Superior Court Los Angeles County on March 11.
Intex manufactures a variety of "Airbeds," inflatable mattresses, and sells them directly and through retailers, including Wal-Mart. According to the complaint, these Airbeds are defective in that they leak air, burst and are prone to frequent internal chamber separation that results in large bulges in the mattresses.
Mirescu and others in the class seek compensatory and punitive damages, treble damages, interests, restitution, injunction, attorney fees and costs of the suit. They are represented by attorneys Adam M. Tamburellli, Charles T. Spagnola and Eliot F. Krieger of Sullivan Krieger Truong Spagnola & Klausner LLP in Long Beach, California, and Thomas A. Zimmerman Jr. and Matthew C. De Re of Zimmerman Law Offices PC in Chicago.
California Superior Court Los Angeles County Case number 2:16-CV-01682-ODW-JEM