15.  Bitcasa provides “cloud” (i.e., remote) data storage services to consumers.  Using  Bitcasa’s services, customers can upload and store their electronic data remotely on Bitcasa’s  servers.   Case3:14-cv-05005-WHA   Document1   Filed11/13/14   Page4 of 47 1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  - 5 -  33.  Plaintiff Shawn Romack initially signed up for Bitcasa’s Infinite plan in 2013,  paying $99 for a one-year subscription to the service.   34.  In approximately June 2014, Mr. Romack renewed his subscription to the Infinite  plan for an additional one-year period, at a cost of $99.  Mr. Romack’s one-year subscription was  ongoing, and had several months remaining, at the time Bitcasa made its October 23, 2014  announcement and change in policy eliminating the Infinite plan.    35.  On October 23, 2014, Bitcasa sent Mr. Romack an email stating that Bitcasa was  eliminating the Infinite plan, and that, by no later than November 15, 2014, he had to either  accept a different Bitcasa plan that was nearly ten times more expensive than his Infinite plan, and  which was subject to storage limits that his Infinite plan was not subject to, or remove all of his  data from Bitcasa’s systems, with the warning that if he did not accept the new costlier plan, any  of his data remaining on Bitcasa’s system as of November 15, 2014 would be permanently  deleted by Bitcasa.   36.  As of October 23, 2014, Mr. Romack had approximately between 7 and 8  terrabytes of data stored on Bitcasa’s systems pursuant to his Infinite plan.   Case3:14-cv-05005-WHA   Document1   Filed11/13/14   Page8 of 47 1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  - 9 -  43.  Plaintiff brings this class action lawsuit on behalf of himself and the proposed  members of the “Class” pursuant to Rules 23(b)(2) and 23(b)(3) of the Federal Rules of Civil  Procedure.   44.  Plaintiff seeks certification of the following “Class”:   Case3:14-cv-05005-WHA   Document1   Filed11/13/14   Page9 of 47 1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  - 10 -  53.  Plaintiff re-alleges and incorporates by reference every allegation set forth in the  preceding paragraphs as though alleged in this Count.  Case3:14-cv-05005-WHA   Document1   Filed11/13/14   Page11 of 47 1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  - 12 -  60.  Plaintiff re-alleges and incorporates by reference every allegation set forth in the  preceding paragraphs as though alleged in this Count.   61.  A covenant of good faith and fair dealing is implied in every contract, including in  the contracts between Bitcasa and Plaintiff and the Class members.   62.  Where a contract vests one party with discretion, the duty of good faith and fair  dealing applies, and the party exercising the discretion must do so in a manner that satisfies the  objectively reasonable expectations of the other party.  A party may not perform an agreement in  Case3:14-cv-05005-WHA   Document1   Filed11/13/14   Page12 of 47 1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  - 13 -  68.  Bitcasa’s  practices alleged herein constitute unlawful and unfair business  practices in violation of California Business and Professions Code § 17200 et seq. (the “UCL”).   69.  Bitcasa has violated, and pursuant to its plans will violate, the “unlawful” prong of  the UCL, including through its contractual breaches alleged herein.   70.  Bitcasa has violated, and pursuant to its plans will violate, the “unfair” prong of  the UCL by its conduct alleged herein.   Case3:14-cv-05005-WHA   Document1   Filed11/13/14   Page13 of 47 1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  - 14 -  Breach of Contract  (On Behalf the Class)   Breach of the Implied Covenant of Good Faith and Fair Dealing  (On Behalf of the Class)   INDIRECT, SPECIAL, INCIDENTAL,  PUNITIVE, EXEMPLARY OR  CONSEQUENTIAL (INCLUDING LOSS  Violations of Cal. Bus. & Prof. Code §§ 17200 et seq.  (On Behalf of the Class)  