(Breach of the Duty of Good Faith and Fair Dealing)   (Declaratory Judgment)   (Violation of the California Consumers Legal Remedies Act)   12.  The Google Play Store (“Google Play”) is one of the largest retailers of  digital content in the world.  Google Play sells all varieties of digital content (e.g., music,  movies, TV shows, audio books, and Apps) that can be downloaded on any device with  the Android operating system.   13.  Google sells Apps through Google Play which may be accessed directly from  certain devices (such as, e.g., Samsung Galaxy phones or Samsung tablets).    14.  Google offers Apps in many genres, including travel, business, education,  Case No.  3  30.  Ilana Imber-Gluck, on behalf of herself and all other similarly situated  California residents, pursuant to Rule 23(a), (b)(2), and (b)(3) of the Federal Rules of  Civil Procedure, seeks certification of the following Class:  All persons in the United States who paid for an unauthorized purchase of  Game Currency made by their minor children (the “Class”).  Excluded from  the Class are Defendants, their parents, subsidiaries, affiliates, officers and  directors, and the Judge to whom this case is assigned, any immediate family  members thereof.    31.  The Class is numerous and geographically dispersed such that joinder of all  Class members is impracticable.  The proposed Class contains many thousands of  members.  Plaintiff believes there are thousands of members of the Class whose names  and addresses are in Google’s records.   32.  Common questions of law and fact exist as to all members of the Class and  predominate over questions affecting only individual Class members.  The common legal  and factual questions include, but are not limited to, the following:  (a)  Whether Google sold Game Currency;  Case No.  10  41.  Plaintiff repeats and re-alleges herein the foregoing allegations.  4 See Google’s Terms of Service: https://www.google.com/intl/en/policies/terms/;  incorporated into Google Play terms of service: https://play.google.com/intl/en- US_us/about/play-terms.html.  Case No.  13  51.  Plaintiff repeats and re-alleges herein the foregoing allegations.   52.  At all times relevant hereto, there was in full force and effect the California  Case No.  14  62.  Plaintiff repeats and re-alleges herein the foregoing allegations.   63.  Plaintiff brings this cause of action on behalf of herself and the Class  members and in her capacity as a private attorney general against Google for its unlawful,  unfair, fraudulent, and/or deceptive business acts and practices pursuant to California’s  Unfair Competition Law (“UCL”), Business & Professions Code § 17200, et seq., which  prohibits unlawful, unfair and/or fraudulent business acts and/or practices.   64.  Plaintiff asserts these claims as a representative of an aggrieved group and as  a private attorney general on behalf of the general public and other persons who have  expended funds that Google should be required to reimburse under UCL § 17200, et seq.   65.  This claim is predicated on the duty to refrain from unlawful, unfair, and  deceptive business practices.  Plaintiff and the Class members hereby seek to enforce a  general proscription of unfair business practices and the requirement to refrain from  deceptive conduct.   66.  The UCL § 17200, et seq. prohibits acts of “unfair competition.”  As used in  this section, “unfair competition” encompasses three distinct types of misconduct: (a)  Case No.  16  75.  Plaintiff repeats and re-alleges herein the foregoing allegations.   76.  Plaintiff and the Class have conferred benefits on Google by paying for the  Game Currency purchased by their minor children without their knowledge or permission.  Case No.  17  82.  Plaintiff repeats and re-alleges herein the foregoing allegations.   83.  Google’s contracts with Plaintiff and the Class included a term, implied at  law in all contracts, requiring the parties to exercise “good faith and fair dealing” in all  duties relating to the performance of the contract.  By engaging in the misconduct alleged  herein, Google has breached its contractual duty of good faith and fair dealing with  Plaintiff and the Class.   84.  Plaintiff has adequately pled all of the elements for a breach of the implied  covenant of good faith and fair dealing, which are: (a) an agreement between the parties;  (b) plaintiff’s performance under the agreement; (c) defendant’s engagement in conduct  separate and apart from the performance of obligations under the agreement without good  faith and for the purpose of depriving plaintiff of rights and benefits under the contract;  and (d) damages to plaintiff.   85.  The agreement between Plaintiff and the Class on the one hand, and Google  on the other hand, are the “Terms & Conditions” that each member of the Class agreed to  Case No.  18  Unjust Enrichment/Restitution   Violation of Business and Professions Code §17200, et seq.  