Wershba

Wershba v. Apple Computer, Inc.

Bad Law
110 Cal. Rptr. 2d 145·2001 Cal. App. LEXIS 606·2001 Daily Journal DAR 7983·91 Cal. App. 4th 224·2001 Cal. Daily Op. Serv. 6512
Court of Appeal of CaliforniaJuly 31, 2001H020625California11,811 words

Opinion

Opinion

Bamattre-Manoukian, J.

In these consolidated class actions against Apple Computer, Inc. (Apple), the court entered judgment certifying a nationwide class and approving a class settlement. Francis X. Doherty and James S. Rudolph, who objected to the class settlement in the trial court, appeal. They argue that the settlement was not fair and reasonable, that the trial court applied improper criteria in certifying the nationwide class and failed to protect the rights of absent class members, and that notice was legally inadequate. In addition, appellant Doherty argues that the award of attorney fees and expenses was improper and was not supported by the evidence. We reject these claims and affirm the judgment.

Background

In the fall of 1997, Apple was experiencing financial difficulties. As part of its effort to cut costs, Apple decided to restructure its technical support policies. On October 13, 1997, Apple issued a press release announcing that it would discontinue its prior practice of providing free telephone technical support to purchasers of certain Apple products. The free support “for as long as you own your Apple product” had been promised in brochures advertising and accompanying the…

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