Andino
Andino v. Apple, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAVID ANDINO, individually No. 2:20-cv-01628-JAM-AC and on behalf of all others similarly situated, Plaintiff, ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANT’S
v. MOTION TO DISMISS APPLE, INC., a California Company, 16 Defendant. 17 I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND1 Apple Inc. (“Defendant”) is one of the world’s largest computer and phone manufacturers and retailers. First Am. Compl. (“FAC”) ¶ 1, ECF No. 11. Apple’s iTunes application allows consumers to “Rent” or “Buy” movies, television shows, music and other content. Id. ¶¶ 1, 2. If the consumer desires to “Rent” a movie, Apple advertises that for a fee of around $5.99, the consumer will have access to the movie for 30 days and then for
1 This motion was determined to be suitable for decision without oral argument. E.D. Cal. L.R. 230(g). The hearing was scheduled for February 23, 2021. 48 hours after the consumer first starts to watch it. …