Hughes
Hughes v. Apple, Inc.
Opinion
trial_court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
LAUREN HUGHES, et al., Case No. 22-cv-07668-VC
Plaintiffs,
ORDER PARTIALLY GRANTING
v. MOTION TO DISMISS
APPLE, INC., Re: Dkt. No. 50 Defendant.
A concurrently-filed ruling addresses the negligence and products liability claims of the five plaintiffs who were injured in California. This more abbreviated ruling addresses the remaining claims by those plaintiffs as well as all claims raised by the other thirty-three plaintiffs, and it assumes that the reader is familiar with the facts, the applicable legal standards, and the arguments made by the parties. Common law claims. In response to Apple’s motion to dismiss, the plaintiffs assert for the first time that California law governs all thirty-eight plaintiffs’ common law claims, based in part on a choice-of-law provision in a Software License Agreement that was not mentioned in the complaint. Given the particulars of this action, the plaintiffs’ failure in the complaint to identify what state’s laws govern their common law claims failed to provide Apple adequate notice. See Romero v. Flowers Bakeries, LLC, No.…