Alan Vitt v. Apple Computer, Inc.

ORDER

The memorandum in the above-captioned matter filed on December 21, 2011 is AMENDED. The amended memorandum shall be filed concurrently with this order.

With these changes, the panel has unanimously voted to deny the petition for panel rehearing. Judges Gould and Ikuta have voted to deny the petition for rehearing en banc, and Judge Noonan so recommends. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35. The Petition of Appellant for Rehearing and Suggestion for Hearing En Banc is DENIED. No future petitions for rehearing or rehearing en banc will be entertained.

AMENDED MEMORANDUM

Appellant Alan Vitt (“Vitt”) appeals the district court’s Fed.R.Civ.P. 12(b)(6) dis missal of his second amended complaint against Apple Computer Co. (“Apple”) alleging violations of California consumer protection law on behalf of all purchasers of the iBook G4 Laptop Computer (“the iBook G4”). The crux of Vitt’s contention, building on his dissatisfaction that his iBook G4 failed shortly after his one year warranty had expired, is that the iBook G4 does not last “at least a couple…