Upsetting The Apple Smart.

Plaintiff brought a class action against Apple, Inc., alleging that Apple falsely advertised iPhone 3G to be “twice as fast” as the iPhone 2G. The trial court sustained Apple’s demurrer and dismissed the action on the ground plaintiff failed to join the cellular network carrier for the iPhone 3G as a necessary party under Code of Civil Procedure, section 389, subdivision (a). In reversing, the appellate court said that plaintiff’s claim is analogous to a claim that her television gets poor reception solely because its cable input port is defective, and that her cable provider was a necessary party. The court said: “At its core, [plaintiff’s] complaint is no different from any other claim for defectively manufactured technology.” (Van Zant v. Apple, Inc. (Cal. App. Sixth Dist.; September 12, 2014) 229 Cal.App.4th 965, [177 Cal.Rptr.3d 805].)