Rasmussen
Rasmussen v. Apple Inc.
Opinion
Lead Opinion
Chen, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
(Docket No. 22)
I. INTRODUCTION
Plaintiff Corbin Rasmussen brings the instant action alleging that Apple’s 27-inch *1030 iMac computers suffer from a defect which causes the screen to “dim” permanently, affecting the usefulness of the computer. Plaintiff asserts two causes of action on behalf of a proposed class consisting of all individuals who have purchased a 27-inch iMac — a California ^Legal Remedies Act claim, Cal. Civ.Code § 1750, and a California Unfair Competition Law claim, Cal. Bus. & Prof.Code § 17200, et seq. Plaintiff argues that Apple’s advertising trumpeted the high quality nature of the screen and of the “long productive life” of Mac computers more generally while knowing that the 27-inch model of iMac suffered from a defect which made the eventual failure of the display highly likely. Plaintiff argues that this failure to disclose the defect violates both the CLRA and UCL. Apple has moved to dismiss for failure to state a claim. For the following reason, the Court GRANTS Apple’s motion to dismiss, but with leave to amend.