Shay

Background 23 This case was removed from state court on August 21, 2020. (Dkt. No. 1.) 24 Plaintiff Rachael Shay (“Plaintiff”) filed a putative first amended class action complaint 25 (“FAC”) against Defendants Apple, Inc. and Apple Value Services, LLC (“Defendants” 26 or “Apple”) for claims under California consumer protection laws and related claims for 27 marketing, selling and/or distributing defective, unsecure and valueless Apple gift cards 28 that Defendants knew or should have known was subject to an “ongoing scam where the funds on the gift cards are fraudulently redeemed by third parties accessing the Personal Identification Number (“PIN”) prior to use by the consumer.” (Dkt. No. 1-2, FAC ¶ 2.) According to the FAC, on April 3, 2020, Plaintiff purchased a $50 Apple gift card from Walmart in Encinitas, CA as a gift for her son. (Id. ¶ 9.) When her son attempted to load the gift card, he received a message that the gift card had already been redeemed. (Id.) Plaintiff contacted Defendants and was informed that the gift card was redeemed by another account on April 3, 2020, the same day she bought the card, and the card no longer had any…