Donohue v. Apple, Inc.

ORDER GRANTING MOTION TO DISMISS

RONALD M. WHYTE, District Judge.

Plaintiff Daniel Donohue (“plaintiff’), on behalf of himself and a class of similarly situated consumers, asserts claims against defendant Apple, Inc. (“Apple”) related to a defect in the Apple iPhone that caused its “signal meter” to inaccurately reflect the strength of the device’s cellular network connection. Apple moves to dismiss the First Amended Complaint (“FAC”) under Fed.R.Civ.P. 12(b)(6) and Fed.R.Civ.P. 9(b). For the reasons below, the court grants Apple’s motion. With the exception of plaintiffs California law-based…