 [Violation of California’s Unfair Competition Law (Cal. Business &  Professions Code §§ 17200 et seq.) By Plaintiff and all Class Members  Against All Defendants]    [Violation of California Consumers Legal Remedies Act (Cal. Civil Code  §§1750 et seq.) By Plaintiff and Purchaser and Upgrade CLRA Class  Members against Defendant)    [Violation of California’s False Advertising Laws (Cal. Business &  Professions Code § 17500 et seq.) By Plaintiff and all Class Members  Against All Defendants]   16.  Incorporated in 1977, Apple designs, manufactures and markets  mobile communication and media devices, personal computers and portable digital  music players, and sells a variety of related software, services, accessories,  networking solutions and third-party digital content and applications.  The  Company sells its products worldwide through its retail stores, online stores and  direct sales force, as well as through third-party cellular network carriers,  wholesalers, retailers and value-added resellers.   17.  Apple is in the business of manufacturing and selling its line of  “iPhone” cellular telephones.  The first iPhone model was released on or about  June 29, 2007, and the most recent model, iPhone 6 and 6+, were introduced on or  about September 9, 2014.  Predecessor iPhone models include the iPhone 5S and  5C introduced on or about September 10, 2013, and the iPhone 4S introduced on or  about October 10, 2011.   18.  Apple represents in its advertising that the iPhone 6 and 6+ are  available with a hard drive capacity of 16 GB.  With respect to earlier versions of  the iPhone, Apple makes similar representations regarding its 16 GB and 8 GB  storage capacities.   19.  In addition to iPhones, Apple also manufactures and sells a line of  “iPad” tablet devices and “iPod” audio players.  The iPad was first introduced on  or about April 3, 2010.  The iPod was first introduced on or about October 23,  2001.    20.  During the relevant time period, Apple made representations  -5-  44.  Plaintiff brings this action as a class action pursuant to Rule 23(a) and  (b)(2) and (b)(3) of the Federal Rules of Civil Procedure for the purpose of  asserting the claims alleged in this Complaint on a common basis.  Plaintiff brings  -15-  53.  Plaintiff realleges and incorporates the allegations contained in the  paragraphs above, as if fully set forth herein.   54.  This cause of action is brought pursuant to the Consumers Legal  Remedies Act, California Civil Code §§ 1750, et seq. (“CLRA” or the “Act”),  which provides that enumerated listed “unfair methods of competition and unfair  or deceptive acts or practices undertaken by any person in a transaction intended  to result or which results in the sale or lease of goods or services to any consumer  are unlawful,” CLRA § 1770, and that “[a]ny consumer who suffers any damage  as a result of the use or employment by any person of a method, act, or practice  declared to be unlawful by Section 1770 may bring an action against such person  to recover or obtain” various forms of relief, including injunctive relief and  damages. Cal. Civ. Code § 1780.     55.  Plaintiff was deceived by Defendant’s unlawful practices as  described above, which included the promotion and advertising of the storage  -19-  62.  Plaintiff realleges and incorporates the allegations contained in the  paragraphs above, as if fully set forth herein.   63.  The Unfair Competition Law, Cal. Business & Professions Code §  17200, et seq. (“UCL”), prohibits any “unlawful”, “unfair”, or “fraudulent  business” act or practice and any false or misleading advertising.   64.  In the course of conducting business, Defendant committed unlawful  business practices by, inter alia, making the representations (which also constitute  -21-  76.  Plaintiff realleges and incorporates the allegations contained in the  paragraphs above, as if fully set forth herein.   77.  Business & Professions Code § 17500 et seq. provides that it is  “unlawful for any person, firm [or other party] . . . to make to disseminate before  the public . . . any statement which is untrue or misleading” in connection with the  sale or disposition of goods or services.  -23-  Company Background and Representations  