Van Zant v. Apple, Inc.
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The purported class action against Apple alleged: violations of Business and Professions Code sections 17200, 17500; breach of express warranty; violation of the Song-Beverly Consumer Warranty Act (Civ. Code 1792); negligence; negligent misrepresentation; and unjust enrichment. The complaint alleges that Apple falsely represented the iPhone 3G to be “twice as fast” as the previous version of the iPhone and that the problems with the iPhone 3G are not related to the ATTM network, but with the device itself.” The lawsuit was preceded by federal litigation, raising similar but not identical claims. In 2009, the Judicial Panel on Multidistrict Litigation (MDL) transferred the actions to the U.S. District Court for the Northern District of California. The district court dismissed, for failure to join AT&T Mobility—the cellular network carrier for the iPhone 3G—as a necessary party under Code of Civil Procedure section 389, subdivision (a). Based on that decision, the California trial court dismissed. The appeals court reversed, finding that ATTM is not a necessary party.
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