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Consumer Law
Consumers Legal Remedies Act
Unfair Competition

Corbin Rasmussen, on behalf of himself and all others similarly situated v. Apple Inc.

Published: Apr. 5, 2014 | Result Date: Mar. 14, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 3:13-cv-04923-EMC Bench Decision –  Dismissal

Court

USDC Northern


Attorneys

Plaintiff

David K. Stein

Scott Grzenczyk

Eric H. Gibbs
(Gibbs Law Group LLP)

Dylan Hughes
(Gibbs Law Group LLP)

Caitlyn D. Finley


Defendant

Victoria L. Weatherford
(Office of the San Francisco City Attorney)

Matthew D. Powers
(O'Melveny & Myers LLP)


Facts

Corbin Rasmussen filed a class action against Apple Inc., alleging violations of various California consumer protection laws.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that in 2009, Apple's then-new line of iMac computers were plagued with numerous problems, including a screen defect that made the computer's display not work properly. Plaintiff contended that Apple received numerous consumer complaints, and in 2011, Apple released a new version of the computer, but did not fix the display problem. Plaintiff claimed the iMacs continued to have the same display problem, and consumers who purchased the computer were forced to repair it on their own.

Rasmussen asserted causes of action for unlawful, unfair, and fraudulent business practices, and violations of the California Consumer Legal Remedies Act.

DEFENDANT'S CONTENTIONS:
Apple moved to dismiss the complaint for failure to state a claim for relief.

Result

The court granted Apple's motion to dismiss.


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