Beau Hodges v. Apple Inc.
Published: Aug. 24, 2013 | Result Date: Aug. 12, 2013 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-1128 Bench Decision – Dismissal with Leave to Amend
Court
USDC Northern
Attorneys
Plaintiff
Joseph J. Siprut
(Siprut PC)
Adam J. Levitt
(DiCello Levitt)
Todd C. Atkins
(Atkins & Davidson APC)
Defendant
Matthew D. Powers
(O'Melveny & Myers LLP)
Facts
Beau Hodges filed a consumer class action against Apple Inc. alleging violations of the California Consumer Remedies Act (CLRA), violations of the California Unfair Competition Law (UCL), and breach of contract. Hodges claimed that an Apple MacBook Pro with Retina Display (rMBP) manufactured by LG he purchased from Apple was inferior to an rMBP manufactured by Samsung. Apple filed a motion to dismiss on the grounds that Hodges failed to identify any affirmative misrepresentation made by Apple.
Result
U.S. District Judge William H. Orrick granted Apple's motion to dismiss with leave to amend due to Hodge's failure to adequately state a claim for which relief may be granted.
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