Facts

Nancy Minkler filed a lawsuit against Apple Inc.

PLAINTIFF'S CONTENTIONS:
Plaintiff purchased two Apple devices, an iPhone 5 and an iPad. Plaintiff contended that her decision to purchase the iPhone 5 was based on Apple's marketing materials and advertisements that described the innovation and accuracy of Apple Maps, a navigational application on the iPhone 5. Plaintiff claimed that Apple, through marketing and advertising campaigns, deceptively represented that Apple Maps was an accurate, innovative, and versatile navigational tool, but knew that this was not true. Plaintiff claimed that Apple Maps provided erroneous location markings. Plaintiff alleged, therefore, that Apple breached express and implied warranties and engaged in fraudulent conduct relating to the Apple Maps' functionality.

DEFENDANT'S CONTENTIONS:
Apple argued for the dismissal of plaintiff's complaint for failure to state a claim for relief under any of her alleged theories. Apple argued that plaintiff failed to identify any actionable warranty, failed to give the required pre-suit notice, and failed to allege an unlawful, fraudulent or unfair business practice. Apple further contended that plaintiff failed to allege any injury.

Result

The court granted Apple's motion to dismiss with leave to amend. The court found, in part, that plaintiff failed to allege that she gave the required pre-suit notice on her breach of express warranty claim. The court also found that plaintiff failed to allege an injury for her negligent misrepresentation claim, and failed to allege a breach of an express or implied warranty. The court further found that plaintiff failed to allege with particularity the actual defect that she experienced with Apple Maps.