Case No. 37-2013-00055830-CU-PL-CTL
Superior Court of California, County of San Diego
By Court Order dated January 8, 2019, the Court certified this case to proceed on behalf of two Classes, defined as follows:
iPhone 4 and 4S Class:
All California citizens who purchased one or more iPhone 4 or 4S smartphones from Apple or a third-party retailer, from June 24, 2010 through October 10, 2011 for the iPhone 4, and from October 11, 2011 through September 20, 2012 for the iPhone 4S, and whose sleep/wake (power) button stopped working or worked intermittently during a one year period from date of purchase. Excluded are persons whose iPhone 4 or 4S was repaired or replaced by Apple due to a non-working sleep/wake button.
iPhone 5 Class:
All All California citizens who purchased one or more iPhone 5 smartphones from Apple or a third-party retailer prior to April 1, 2013, and whose sleep/wake (power) button stopped working or worked intermittently during a three year period from date of purchase. Excluded are persons whose iPhone 5 was repaired or replaced by Apple due to a non-working sleep/wake button.
The purpose of the Notice is to inform you that your rights may be affected by proceedings in the lawsuit known as Shamrell, et al. v. Apple Inc., Case No. 37-2013-00055830-CU-PL-CTL, pending before the Honorable Ronald L. Styn of the Superior Court of San Diego County, Central Division (the “Court”). The Notice is given under California law and by order of the Court.
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The Fourth Amended Complaint (“Complaint”) alleges that Apple Inc. sold the iPhone 4, iPhone 4S and iPhone 5 with defective sleep/wake (power) buttons and failed to disclose (or insufficiently disclosed) this defect to purchasers in violation of various California state laws. This action seeks relief for alleged claims of breach of warranty and alleged violations of the California Consumers Legal Remedies Act, the California Unfair Competition Law, the California Song-Beverly Act and the Magnuson-Moss Warranty Act. The Complaint seeks damages in the form of recovery of the cost to repair the broken sleep/wake button or the diminished value of the iPhone due to the broken sleep/wake button, along with restitution, injunctive and declaratory relief.
Apple denies all of the allegations in the Complaint, and denies that Apple did anything improper or unlawful. Apple has asserted numerous affirmative defenses to the claims in this case.
A trial to determine the merits of Plaintiffs’ claims has not yet occurred. This matter is set for trial beginning on October 25, 2019.