Alan Vitt v. Apple Computer, Inc.

FILED

NOT FOR PUBLICATION DEC 21 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ALAN VITT, Individually and on Behalf No. 10-55941 of All Others Similarly Situated, D.C. No. 2:06-cv-07152-GW- Plaintiff - Appellant, FMO

v.

MEMORANDUM *

APPLE COMPUTER, INC., a California corporation,

Defendant - Appellee.

Appeal from the United States District Court for the Central District of California George H. Wu, District Judge, Presiding

Argued and Submitted December 6, 2011 Pasadena, California

Before: NOONAN, GOULD, and IKUTA, Circuit Judges.

Appellant Alan Vitt (“Vitt”) appeals the district court’s Fed. R. Civ. P.

12(b)(6) dismissal of his second amended complaint against Apple Computer Co.

(“Apple”) alleging violations of California consumer protection law on behalf of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. all purchasers of the iBook G4 Laptop Computer (“the iBook G4”).1 The crux of

Vitt’s contention, building on his dissatisfaction that his iBook G4…