Is there any case law that supports a plaintiff's claim that the warranty was not a valid warranty for secondary purchasers?

Moreover, the only evidence Metals cites is the class members' declarations, which the court has already declined to consider. Id. at 17 (citing DSUF 98, 100, 103, 106, 113). Particularly because it is Metals's burden to show its warranty was not a "part of the basis of the bargain" for secondary purchasers, the court here as well concludes class members should have an opportunity to demonstrate their right to relief at trial. Cf. Hardage Hotels X, LLC v. First Co., D053980, 2010 WL 1512138, at *12 (Cal. App. 4th Dist. Apr. 16, 2010) (affirming a directed verdict in favor of the manufacturer where, based on evidence presented at trial, remote purchasers became aware of the existence of the warranty long after purchasing the product).