Smith v. Apple, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHRIS SMITH, et al., Case No. 21-cv-09527-HSG

Plaintiffs, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S v. MOTION TO DISMISS

APPLE, INC., Re: Dkt. No. 41 Defendant.

12 Before the Court is Defendant’s motion to dismiss the First Amended Complaint. Dkt. No. 41. The Court finds this matter appropriate for disposition without oral argument and takes the motion under submission. See Civil L.R. 7-1(b). The Court GRANTS IN PART and DENIES IN PART the motion. I. BACKGROUND This is a putative class action brought on behalf of purchasers of Apple Watches. See Dkt. No. 31 (“FAC”) ¶ 1. Plaintiffs allege that First Generation, Series 1 through Series 6, and Series SE Apple Watches contain “an undisclosed and unreasonably dangerous safety hazard.” Id. ¶ 2. More specifically, Plaintiffs allege that sudden swelling of the watch batteries can cause the screen to detach, shatter, or…