Shay

Background 23 This case was removed from state court on August 21, 2020. (Dkt. No. 1.) On 24 January 8, 2021, the Court granted in part and denied in part Defendants’ motion to 25 dismiss the first amended complaint with leave to amend. (Dkt. No. 17.) On January 28, 26 2021, Plaintiff Rachael Shay (“Plaintiff”) filed the operative putative second amended 27 class action complaint (“SAC”) against Defendants Apple, Inc. and Apple Value 28 Services, LLC (“Defendants” or “Apple”) for claims under the 1) California Legal Remedies Act, (“CLRA”), California Civil Code §1750 et seq.; 2) violations of the Unfair Competition Law (“UCL”), California Business &Professions Code section 17200 et. seq.; 3) negligent misrepresentation; and 4) breach of the implied warranty of merchantability. (Dkt. No. 18, SAC ¶¶ 41-88.) The SAC alleges that Defendants manufactured, marketed, sold and/or distributed valueless Apple gift cards that they 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.” …