Fabrienne English and Karen Lowthert, individually and on behalf of themselves and all others similarly situated v. Apple Inc., AppleCare Service Company Inc., Apple CSC Inc.
Published: Feb. 11, 2017 | Result Date: Jan. 11, 2017 | Filing Date: Jan. 1, 1900 |Case number: 3:14-cv-01619-WHO Summary Judgment – Defense
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Purvi G. Patel
(Morrison & Foerster LLP)
Penelope A. Preovolos
(Morrison & Foerster LLP)
Facts
Fabrienne English and Karen Lowthert filed a class action against Apple Inc., AppleCare Service Co. Inc., and Apple CSC Inc.
Contentions
PLAINTIFFS' CONTENTIONS:
Apple allegedly misrepresented that Apple would replace broken iPhones under the AppleCare(plus) service with new phones instead of refurbished products. As such, plaintiffs filed a class action alleging claims for violations of the California Consumer Legal Remedies Act, the false Advertising Law, the Unfair Competition Law, the Secondhand Merchandise Labeling Law under California Business & Professions Code Section 17530, and a claim for fraud.
DEFENDANTS' CONTENTIONS:
Apple contended that the replacement iPhone was new. Apple moved for summary judgment. Apple also contended that plaintiffs lacked standing.
Result
The court granted summary judgment in favor of Apple.
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