Yastrab
Yastrab v. Apple Inc.
Opinion
Lead Opinion
Davila, J.
*975 ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
Steve Jobs described the iPhone 4 as “the biggest leap since the original iPhone.” First Am. Compl, (“FAC”),, Dkt. No. 38, at ¶52. But for Plaintiffs David Yastrab, John Keller, Daniel Arrellano, Penelope Shaw, Evelyn Cortez, Stanley Williams and Michael Robins (collectively), (“Plaintiffs”), their purchase of the later-released iPhone 4s constituted a leap into functional obsolescence. They allege in this putative class action that the Bluetooth and Wi-Fi capabilities of their iPhones were “grayed out,” or rendered inoperable, after a software update, and contend that Defendant Apple Inc. (“Apple”) falsely represented in statements they viewed pri- or to purchase that iPhones have these capabilities.
Apple now moves to dismiss all of the amended claims-as implausible and lacking particularity. Dkt.-No. 39. After carefully reviewing the parties’ pleadings, the court concurs that Plaintiffs’ claims are defi-ciently pled. Accordingly, Apple’s motion to dismiss will be granted and the claims will be dismissed, this time without leave to amend.