Hadona Diep v. Apple, Inc.

FILED

NOT FOR PUBLICATION

MAR 27 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

HADONA DIEP; RYUMEI NAGAO, No. 22-16514

Plaintiffs-Appellants, D.C. No. 4:21-cv-10063-PJH

v.

MEMORANDUM*

APPLE, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding

Argued and Submitted February 14, 2024 San Francisco, California

Before: S.R. THOMAS, HAMILTON,** and CHRISTEN, Circuit Judges.

Plaintiffs Hadona Diep and Ryumei Nagao appeal the district court’s order

dismissing with prejudice their complaint against Apple for injuries caused by a

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable David F. Hamilton, United States Circuit Judge for the U.S. Court of Appeals for the Seventh Circuit, sitting by designation. malicious application called “Toast Plus” that they downloaded from Apple’s App

Store.

We have jurisdiction pursuant to 28 U.S.C. § 1291, and “review[] de novo

the…