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California Civil Procedure, Keyed to Levine, 6th Ed.
Van Zant v. Apple, Inc.
Citation:
229 Cal. App. 4th 965, 177 Cal. Rptr. 3d 805 (2014)Facts
Ingrid Van Zant purchased an iPhone 3G from Apple Inc., which had marketed the device as being “twice as fast” as the previous iPhone model. Van Zant conducted a side-by-side comparison and found that her previous iPhone performed just as fast or faster than the new iPhone 3G. She filed a class action lawsuit alleging that hardware and software flaws inherent in the iPhone 3G prevented it from meeting Apple’s advertised performance standards. Van Zant specifically alleged that these defects would have caused the performance problems regardless of AT&T Mobility LLC’s (ATTM’s) 3G network performance. Her complaint sought redress solely against Apple and explicitly excluded ATTM from liability. The putative class excluded all individuals pursuing arbitration against ATTM. Apple demurred, arguing that ATTM was a necessary party, and the trial court sustained the demurrer and dismissed the action when Van Zant refused to add ATTM as a defendant.
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