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Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 1 of 33

1 ROBERT C. SCHUBERT (S.B.N. 62684)
(rschubert@sjk.law)
2 WILLEM F. JONCKHEER (S.B.N. 178748)
3 (wjonckheer@sjk.law)
MIRANDA P. KOLBE (S.B.N. 213496)
4 (mkolbe@sjk.law)
NOAH M. SCHUBERT (S.B.N. 278696)
5 (nschubert@sjk.law)
SCHUBERT JONCKHEER & KOLBE LLP
6
Three Embarcadero Center, Suite 1650
7 San Francisco, California 94111
Telephone: (415) 788-4220
8 Facsimile: (415) 788-0161
9 Attorneys for Plaintiffs Individually and on Behalf of
10 All Others Similarly Situated

11 UNITED STATES DISTRICT COURT
12 NORTHERN DISTRICT OF CALIFORNIA
13
14
REMY TURNER, CHRISTOPHER Case No.
15 MARTIN, and JOEY BARUCH,
Individually and on Behalf of All Others CLASS ACTION COMPLAINT
16
Similarly Situated, FOR:
17
Plaintiffs, 1. Breach of Express Warranty;
18 2. Violation of the Magnuson-
v. Moss Warranty Act, 15 U.S.C.
19 § 2301 et seq.;
3. Violation of the Song-Beverly
20 APPLE INC., Consumer Warranty Act;
4. Violation of Cal. Bus. & Prof
21 Defendant. Code § 17200 et seq.; and
5. Violation of Cal. Civil Code §
22 1750 et seq.

23 DEMAND FOR JURY TRIAL
24
25
26
27
28

CLASS ACTION COMPLAINT
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 2 of 33

1 Upon personal knowledge as to their own acts, and based upon their investigation, their
2 counsel’s investigation, and information and belief as to all other matters, plaintiffs Remy
3 Turner, Christopher Martin and Joey Baruch (“Plaintiffs”), on behalf of themselves and all others
4 similarly situated, allege:
5 SUMMARY OF THE ACTION
6 1. This action is brought on behalf of all persons in the United States who purchased,
7 other than for resale, a model year 2015 or later Apple MacBook or a model year 2016 or later
8 MacBook Pro laptop (the “Laptops”), which are equipped with “butterfly switch” keyboards (the
9 “Class”).
10 2. Prior to the introduction of the butterfly switch keyboard in 2015, Apple used a
11 “scissor switch” mechanism for the keyboard keys on its low-profile laptops. The keys are
12 attached to the keyboard via two plastic pieces that interlock in a "scissor"-like fashion, and snap
13 to the keyboard and the key. The scissors mechanism links the key to a plunger that depresses a
14 rubber dome. These keyboards are generally quiet and the keys require little force to press.
15 Because the “scissor switch” is a more closed design than the traditional “rubber-dome”
16 keyboard design, debris is less likely to get under the keys and, by extension, into the rest of the
17 computer. The tradeoff is that scissor-switch keys are more difficult to separate from their base
18 than rubber-domed keys, but they can be removed and replaced.
19 3. Butterfly switch keyboards, which Apple began to use in 2015 on MacBooks and
20 in 2016 on MacBook Pros, are even lower profile than scissor switch keyboards. They still prop
21 up the keys with two intersecting pieces of plastic, but their profile is so low that the key barely
22 “travels” at all when it is depressed. True to the name, butterfly switches are also extremely
23 delicate, held in place by four tiny threads of brittle plastic.
24 4. Because of their very low profile, butterfly switch keyboards are resistant to the
25 accumulation of debris underneath the keys. However, when dust or other tiny particles do get
26 beneath the keys, they are capable of rendering the butterfly switches nonfunctional. Further,
27 the keys cannot be removed without risk of damage to the keyboard, which may void Apple’s
28
CLASS ACTION COMPLAINT
1
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 3 of 33

1 warranty. Most commonly, problems arise with the keyboards’ spacebar keys, which cannot be
2 removed, even by Apple’s “Geniuses” at its stores. without risking damage to the keyboards.
3 5. The Laptops’ defect is substantially certain to manifest. Thousands of consumers
4 have reported sticking or non-responsive keys on their Laptops. Complaints about the butterfly
5 keyboard are prevalent, and include blog posts, tweets, support-forum comments, a Change.org
6 petition1, and even a satirical song and video.2
7 6. Despite its awareness of the defect, Defendant has advertised and continues to
8 advertise the Laptops as having a superior and highly responsive keyboard, with “four times
9 more key stability than a traditional scissor mechanism.” These representations were false and
10 misleading.
11 7. Defendant has at all times failed to disclose that the keyboard is defective,
12 because it is prone to malfunction necessitating costly repair and replacement.
13 8. Further, although the Laptops come with a one-year written warranty from
14 Defendant, Defendant refuses to honor its warranty obligations, attributing the keyboard defect
15
1
https://www.change.org/p/apple-apple-recall-macbook-pro-wdefective-keyboard-
16 replace-with-different-working-keyboard (last visited May 10, 2018).
2
https://www.youtube.com/watch?time_continue=83&v=FdS3tjEIqUA. The lyrics are
17
as follows:
18
I’m pressing the space bar
19 I’m pressing the space bar
I’m pressing the space bar
20 I’m pressing the space bar
And nothing is happening
21
This computer is about a year old
22 And it was very expensive
I had been waiting to upgrade
23 For a long time

24 And now you’re telling me
It would need extensive
25 Surgery for a speck of dust
Lodged beneath the butterfly
26
I found your instructions
27 They were not helpful

28 I bought this can of air
I feel like an idiot
CLASS ACTION COMPLAINT
2
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 4 of 33

1 to owner negligence, or advising Laptop owners to attempt home remedies, such as using
2 compressed air on the keyboard, which it knows will not permanently repair the defect.
3 9. Responding to hundreds of complaints on its own website, as well as on social
4 and traditional media sites, Apple has posted a “solution” to the problem on its website, which
5 is also advocated as a remedy by its “Genius” bar employees. The “solution” – which Business
6 Insider has characterized as “absurd” -- requires holding the Laptop at a 75 degree angle with
7 one hand while blowing a spray can of air at the affected keys multiple times. For many Laptop
8 owners, the solution does not work at all; for others, it only works temporarily. When the
9 “solution” does not work, or stops working, the entire lower panel of the Laptop must be
10 replaced. And unfortunately, even replacement does not preclude recurrence of the problem.
11 10. All Laptops are sold with a one-year warranty from Apple. However, Apple does
12 not fulfill its warranty obligations, instead directing many customers to self-help solutions when
13 their defective keyboards are rendered inoperable. When Apple does provide warranty service,
14 the keyboard replacement does not ensure a permanent fix. And for consumers outside of the
15 warranty period, Apple denies warranty service, instead directing them to pay for the
16 replacement at a cost of between $400 and $700.
17 11. By shipping and selling defective Laptops, Defendant sold and continues to sell
18 goods that are substantially below the quality generally available in the market, are not fit for the
19 use for which they were intended, and are not adequately packaged and labeled. Defendant also
20 concealed and continues to conceal the problems through its marketing, advertising, and
21 packaging of the Laptops.
22 12. Plaintiffs bring this action to obtain relief for themselves and other Laptop
23 purchasers in the United States.
24 PARTIES
25 13. Plaintiff Remy Turner is a citizen of Washington.
26 14. Plaintiff Christopher Martin is a citizen of Florida.
27 15. Plaintiff Joey Baruch is a citizen of California.
28
CLASS ACTION COMPLAINT
3
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 5 of 33

1 16. Defendant Apple Inc. (“Apple” or “Defendant”) is incorporated under the laws
2 of the State of California and has its principal place of business in Cupertino, California.
3 JURISDICTION AND VENUE
4 17. This Court has subject matter jurisdiction over this action pursuant to the Class
5 Action Fairness Act (“CAFA”), 28 U.S.C. § 1332(d), because there are more than 100 proposed
6 Class Members, some members of the proposed class and the Defendant are citizens of different
7 states, and the amount in controversy exceeds $5 million.
8 18. This Court has personal jurisdiction over Defendant because Defendant’s
9 principal place of business is within this District and it has sufficient minimum contacts with
10 California such that the exercise of jurisdiction by this Court over Defendant is consistent with
11 notions of fair play and substantial justice.
12 19. Venue is proper in this District pursuant to 28 U.S.C. § 1391 because Defendant’s
13 principal place of business is in this District, a substantial part of the events or omissions giving
14 rise to the claims occurred in this District, and a substantial part of the property that is the subject
15 of the action is situated in this District.
16 20. Intradistrict Assignment: Pursuant to Civil L.R. 3-2(c) and 3-5(b), assignment to
17 the San Jose Division of the Northern District of California is proper, because Defendant’s
18 principal place of business is in Santa Clara County, because a substantial part of the events or
19 omissions which give rise to the claim occurred in Santa Clara County, and because Defendant’s
20 contracts with its customers, including Pliantiffs and the Class, include a forum selection
21 provision stating that venue for any disputes between Apple and its customers shall be in the
22 state and federal courts located in Santa Clara County, California.
23 THE NAMED PLAINTIFFS’ EXPERIENCES
24 21. On April 29, 2017, plaintiff Remy Turner purchased a 15 inch MacBook Pro at a
25 Best Buy store in Lubbock, Texas, and paid $1,986.40.
26 22. Prior to purchasing his laptop, Mr. Turner saw an advertisement for the new
27 butterfly keyboard design for the MacBook Pro on Apple’s website, which described the
28 keyboard as a responsive and high quality keyboard.
CLASS ACTION COMPLAINT
4
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 6 of 33

1 23. Following his purchase, Mr. Turner set up his Laptop for use pursuant to the
2 instructions provided.
3 24. Shortly after his purchase, Mr. Turner noticed that the right side of the space bar
4 on the keyboard would get stuck in the down position. Mr. Turner used cans of compressed air
5 designed for keyboard cleaning whenever this occurred, and sprayed on the affected area to try
6 to solve the problem.
7 25. Due to the recurring nature of the problem, Mr. Turner also called the Best Buy
8 store, which advised him to bring the Laptop in, as the keys were not designed to be removed,
9 as on older Laptops.
10 26. When the problem continued, Mr. Turner returned the Laptop to the Best Buy
11 store in Lubbock, Texas. Mr. Turner received a replacement unit, but experienced the same
12 sticking space bar problem. Shortly thereafter, Mr. Turner returned the replacement Laptop to
13 Best Buy, and received a second replacement unit.
14 27. Mr. Turner continues to experience repeated failures with the functionality of the
15 keyboard on his MacBook Pro. Each of the three units Mr. Turner has owned has had the same
16 keyboard problem with the sticking space bar.
17 28. On December 16, 2016, plaintiff Christopher Martin purchased a MacBook Pro
18 15 inch Laptop online from the Apple Store website, custom ordered with a second internal GPU
19 AMD Radeon PRO 460, and paid $2,877.23.
20 29. Prior to making his purchase, Mr. Martin viewed advertising for the butterfly
21 design keyboard feature as displayed on the Apple website, in a manner as shown on the screen
22 capture below. Mr. Martin understood this feature to not only “increase comfort” when typing,
23 but also to allow Apple to optimize the physical space available in the new, thinner design.
24
25
26
27
28
CLASS ACTION COMPLAINT
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Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 7 of 33

1
2
3
4
5
6
7
8
9
10
30. Following his purchase, Mr. Martin set up his Laptop for use pursuant to the
11
instructions provided.
12
31. Mr. Martin noticed around August of 2017 that the spacebar would get stuck in
13
the pressed position, but with a hard press, would unstick. This would happen roughly once every
14
1 to 2 weeks, and Mr. Martin continued to address the problem with a hard press on the key.
15
32. Over time, however, the failures happened more frequently, which led Mr. Martin
16
to use a can of compressed air to spray in between the keys, in an attempt to remedy the situation.
17
Again, it seemed to temporarily fix the problem.
18
33. Eventually, starting around January of 2018, the spacebar would get stuck and
19
nothing Mr. Martin would do would fix the problem. This continues to occur about once every
20
few days, and it will stay stuck for about a week.
21
34. Mr. Martin’s computer is now beyond its warranty period. Mr. Martin has read
22
that Apple charges several hundred dollars to fix this issue. The only thing that appears to
23
temporarily fix the issue is shaking the Laptop until the key gets unstuck.
24
35. Mr. Martin continues to experience repeated failures with the functionality of the
25
keyboard on his MacBook Pro.
26
36. On July 21, 2017, plaintiff Joey Baruch purchased a MacBook Pro 13 inch from
27
an Apple Store in Sherman Oaks, California, and paid $1,974.91.
28
CLASS ACTION COMPLAINT
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Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 8 of 33

1 37. Following his purchase, Mr. Baruch set up his Laptop for use pursuant to the
2 instructions provided.
3 38. Shortly after his purchase, Mr. Baruch noticed the sporadic failure of certain keys,
4 including the space bar, and the “R”, “T” and “Enter” keys. This problem impaired Mr. Baruch’s
5 ability to use the Laptop.
6 39. Once the problem began, Mr. Baruch tried to clean the keyboard using
7 compressed air or a cloth to improve its performance, but the problem progressively got worse.
8 40. By early 2018, the keyboard performance became so bad that Mr. Baruch needed
9 to take his Laptop in for repair. He brought it to the Apple Store in Sherman Oaks, California.
10 Mr. Baruch is informed and believes his keyboard was replaced. The repair occurred at or about
11 the end of March 2018, and took approximately 5 days.
12 41. Shortly thereafter, however, the issue resumed on the new keyboard, including
13 the space bar sticking. The Laptop’s poor performance has become a substantial distraction for
14 Mr. Baruch.
15 42. Mr. Baruch continues to experience repeated failures with the functionality of the
16 keyboard on his MacBook Pro.
17 COMMON ALLEGATIONS
18 43. Apple launched the 12 inch MacBook with a butterfly keyboard at an event
19 broadcast from Apple’s Cupertino headquarters on March 9, 2015. Apple’s Senior Vice
20 President for worldwide marketing, Phil Schiller, described the new keyboard as follows:
21 The butterfly mechanism is built with a single assembly. And is supported by a stainless
steel dome switch. And that all adds up to a key that is much more precise, and accurate.
22 In fact it is four times more stable than that scissor mechanism. Yet is 40% thinner
allowing us to make a thinner keyboard. And we also made the key cap larger, making it
23 even easier to strike and get a beautiful typing experience. . . . The keys are much more
precise, much more accurate, even if you strike them on the side. It is a beautiful
24 keyboard . . . .
25 44. MacRumors published an article following the launch event, in which it reported:
26 With the new MacBook, Apple has introduced a redesigned keyboard, featuring a new
butterfly mechanism for the keys to make them both more stable and more precise. The
27 edge-to-edge keyboard offers keys with 17 percent more surface area and a redesigned
feel.
28
CLASS ACTION COMPLAINT
7
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 9 of 33

1 45. Apple began selling the MacBook on April 10, 2015. The price for the Laptop
2 started at $1,299 for the base configuration with 256 GB of flash storage. An upgraded model
3 cost $1,599 and contained 512 GB of storage and a faster processor.
4 46. On its website dedicated to the MacBook, Apple describes the keyboard as “A
5 keyboard refined for an even better hands-on experience,” and states:
6 We believe that a comfortable, full-size keyboard is an essential part of any notebook.
To fit one into MacBook, we designed a keyboard from the ground up — including each
7 key and its underlying mechanism. This makes the whole keyboard not only much
thinner, but also more comfortable and precise, so your fingers feel right at home.
8
Enhanced butterfly mechanism.
9 Key to the keyboard.
10 Now, with our second-generation butterfly mechanism, the keyboard experience is
refined for greater comfort and responsiveness. So when your finger strikes a key, it
11 goes down and bounces back with a crisp motion that you’ll appreciate the moment you
start typing.
12
https://www.apple.com/macbook/, last visited May 15, 2018.
13
47. On October 27, 2016, Apple held a launch event for the MacBook Pro at its
14
Cupertino headquarters.
15
48. During the event, Schiller highlighted the MacBook Pro’s butterfly keyboard,
16
hailing it as revamped and upgraded, and stating that “the keyboard . . . [is] more responsive, it
17
gives an even greater sense of keyboard travel as you press on it. It is a great keyboard. I could
18
talk all day about it.” Their primary benefit, according to Schiller, was that they helped make
19
the new Laptops 3.1 millimeters thinner.
20
49. On its website dedicated to the MacBook Pro, Apple describes the keyboard as
21
follows:
22
Keyboard and Trackpad
23
More responsive keyboard. More expansive trackpad.
24
Interacting with MacBook Pro is a smooth experience all around. The keyboard features
25 our second-generation butterfly mechanism — providing four times more key stability
than a traditional scissor mechanism, along with greater comfort and responsiveness.
26 And the spacious Force Touch trackpad gives your fingers plenty of room to gesture and
click.
27
28
CLASS ACTION COMPLAINT
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Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 10 of 33

https://www.apple.com/macbook-pro/?afid=p238%7Cs0vC2LySe-
1 dc_mtid_1870765e38482_pcrid_198777681791_&cid=aos-us-kwgo-mac--slid--product-, last
visited May 15, 2018.
2
50. The price for the MacBook Pro varied depending upon the model. A 13-inch
3
MacBook Pro without a Touch Bar (2.0 GHz dual-core Intel Core i5 processor with Turbo Boost,
4
8GB memory, 256 GB flash storage) was offered for $1,499. An upgraded model of the 13-inch
5
MacBook Pro with a Touch Bar was offered for $1,799. The 15-inch MacBook Pro equipped
6
with the Touch Bar (2.6 GHz quad-core Intel Core i7 process with Turbo Boost, 16GB memory,
7
256GB flash storage) was offered for $2,399. Each of these models came with the butterfly
8
switch keyboards. The MacBook Pro went on sale on October 27, 2016, with Touch Bar models
9
shipping in the weeks that followed.
10
THE KEYBOARD DEFECT MANIFESTS SOON AFTER LAUNCH
11
51. Although the Laptops appear to function normally when new, the Laptops’
12
keyboards suffer from a host of problems, including sticking keys, keystrokes failing to register,
13
keys typing letters or commands multiple times when struck only once, or keys simply not
14
working at all.
15
52. These problems arise from a design defect that permits a minute amount of dust
16
to settle under the keys and render them inoperable. That the keys cannot be readily removed
17
for cleaning exacerbates the problem: when one of the keys is affected, the entire keyboard must
18
be replaced.
19
53. This defect renders the keyboards different from, and inferior to, Apple’s
20
intended manufacturing result.
21
54. When consumers experience these keyboard problems, the Laptops can no longer
22
reliably input keystroke commands, rendering the Laptop unusable for its ordinary and intended
23
purpose.
24
55. All of the Laptops are subject to the same defect. Although the defect may take
25
longer to manifest for some users than for others, all Laptops are reasonably likely to manifest
26
the keyboard defect during their useful lives.
27
28
CLASS ACTION COMPLAINT
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Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 11 of 33

1 APPLE HAS BEEN AWARE OF THE DEFECT SINCE THE BUTTERFLY
2 KEYBOARD WAS LAUNCHED
3 56. Apple knew or should have known of the butterfly keyboard defects before the
4 Laptops were ever sold to the public, as a result of standard pre-release product testing.
5 57. Further, as described herein, Apple knew or should have known that that the
6 Laptops were defective shortly after the 12 inch MacBooks were initially launched in 2015, and
7 shortly after the MacBook Pros were launched in 2016, because, shortly after each launch, the
8 keyboard was the subject of numerous consumer complaints published on the Company’s
9 website and a variety of internet message boards, such as MacRumors, social and traditional
10 media, and retailer websites, and Apple continuously monitors its own website as well as other
11 web pages, including MacRumors, and social and traditional media outlets.
12 58. Evidencing its awareness of the widespread problem, on June 7, 2017, Apple
13 published a “solution” to the problem on its website, https://support.apple.com/en-us/HT205662,
14 last visited on May 15, 2018. The webpage provides as follows:
15
16 HOW TO CLEAN THE KEYBOARD OF YOUR MACBOOK OR MACBOOK PRO
17 If your MacBook (2015 and later) or MacBook Pro (2016 and later) has an unresponsive
key, or a key that feels different than the other keys when you press it, follow these steps
18 to clean the keyboard with compressed air.
19 As you follow these steps, remember to use the straw included with the compressed air to
control airflow, and keep the end of the straw about a half-inch away from the keyboard as
20 you spray. Also remember to not invert the air can while you're spraying.
21 Hold your Mac notebook at a 75-degree angle, so it's not quite vertical.
22
23
24
25
26
27
28
CLASS ACTION COMPLAINT
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Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 12 of 33

1
2
3
4
5
6
7
8
9
Use compressed air to spray the keyboard, or just the affected keys, in a left-to-right
10 motion.
11
12
13
14
15
16
17
18
19
20
21
22 Rotate your Mac notebook to its right side and spray the keyboard again, from left to
right.
23
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25
26
27
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CLASS ACTION COMPLAINT
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Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 13 of 33

1
2
3
4
5
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7
8
9
Repeat the action, this time with your Mac notebook rotated to its left side.
10
11
12
13
14
15
16
17
18
19
20
Learn more
21
If any keys are still unresponsive after you've followed these steps, visit an Apple Retail
22 Store or Apple Authorized Service Provider for service.

23 Learn more about cleaning your other Apple products.

24
25 59. On October 22, 2017, following Apple’s publication of the above “solution,”

26 Business Insider published an article entitled, “Apple's official fix is for its new MacBook

27 keyboard is absurd.” The article described problems that its author had experienced with Apple’s

28 butterfly keyboard, along with Apple’s recommended fix – “to basically turn the entire keyboard
CLASS ACTION COMPLAINT
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Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 14 of 33

1 nearly vertical and blast it with air until the particle eventually falls out.” As the author
2 explained, “Apple recommends you take your laptop — some models cost thousands of dollars,
3 mind you — turn it nearly vertical, and then make three passes with a can of compressed air.”
4 Unsurprisingly, this “solution” failed to solve the problem with the author’s Laptop.
5 60. Also in October 2017, an article was published in the online publication, The
6 Outline, entitled, “THE NEW MACBOOK KEYBOARD IS RUINING MY LIFE: A. It’s so
7 bad.” In the article, Johnson described his experience returning to the Apple store the third time
8 the butterfly keyboard on his MacBook Pro malfunctioned. As they had each of the previous
9 times Johnson had shown Apple’s “Genius Bar” representatives the malfunctioning space bar on
10 his keyboard, the representative suggested the problem was the result of a speck of dust that had
11 worked its way under the spacebar key. Johnson responded: “ ‘If a single piece of dust lays the
12 whole computer out, don't you think that's kind of a problem?’ ”
13 61. The article continued:
14 The primary motivator behind the rise of the butterfly switch seems to be that Apple
keeps trying to make all its products thinner, to a degree beyond reason at this point
15 (MacBook Pros now weigh as little as three pounds). But it also stands to reason Apple's
logic went something like this: scissor switch = lower profile = less dirt under the keys;
16 therefore butterfly switch = even lower profile = even less dirt under the keys, and a
better keyboard for everyone, theoretically, except for people who like the feeling of a
17 key moving under their fingers or, as it’s also called, typing.
18 …
19 Perhaps it’s true that less dirt gets under butterfly switched-keys. But therein lies the
problem — when dirt does get in, it cannot get out. A piece of dust is capable of
20 rendering a butterfly switch nonfunctional. The key won't click, and it won’t register
whatever command it’s supposed to be typing. It’s effectively dead until someone can
21 either shake loose the debris trapped under it or blow at the upside-down keyboard
Nintendo-cartridge style. Meanwhile, Apple quietly put up a page with instructions
22 expressly to try and help people with dead butterfly switch keys.
23
24 The problem with dead keys is that, unless you can stop what you're doing mid-paper or
report or email or game and have a physical tiff with your computer, the temptation to
25 just slam a little harder on those delicate keys to get the N or B or period you need until
you reach a stopping place is high. But there is no logical at-home remedy for the
26 consumer; when one key on a butterfly switched-keyboard becomes nonfunctional,
unless you can dislodge whatever dust or crumb is messing it up without being able to
27 physically access it, the keyboard is effectively broken. If you remove the key to try and
clean under it, you stand a high chance of breaking it permanently, but if you leave it
28
CLASS ACTION COMPLAINT
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Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 15 of 33

there and continue to have to pound the key to type one measly letter, you also might
1 break it permanently. ….
2 … Apple forums are overflowing with reports of Geniuses who have told customers that
Apple is “collecting data” on the issue. One corporate issuer of the MacBook Pros in
3 question reported to me that its business has encountered a significant number of
keyboard issues, but “less than 5% for sure.” Another Genius explained to me that he
4 had seen an overwhelming number of the computers with keyboard issues, the spacebar
in particular — while some keys can be very delicately removed, the spacebar breaks
5 every single time anyone, including a professional, tries to remove it. This is a big
problem, since, according to the Genius I spoke to, it’s the key most susceptible to
6 acting up from the aforementioned piece of dust. “I would say it’s THE issue on this
computer,” he told me.
7

8
If a computer with actually broken, dead, or malfunctioning keys is brought into the
9 Apple Store, Geniuses run no fewer than three diagnostic tests that each take about 15
minutes. One involves the Genius pressing every single key on the keyboard to see if the
10 switch is responsive, a test I am told was added in response to the sheer number of
keyboards coming back broken. The process takes an hour.
11
If Apple decides to replace the keyboard, it sends out the computer to replace the entire
12 top case; there is no such thing as replacing an individual key or just the keyboard. On a
Macbook Pro, the top case retails for $700, but the computers haven’t been around long
13 enough for anyone to be out of warranty yet. In regular MacBooks, which were first
available in the spring of 2015, Apple has quoted as much $330 to replace a top case out
14 of warranty. The path from “a piece of dust” to “$700 repair” is terrifyingly short.
15
16 62. On March 9, 2018, Business Insider published a follow-up article regarding the

17 Laptops’ keyboard, stating that the problem with the keyboard “dust or other small particles can

18 get stuck under the spacebar or other keys and make it unresponsive” … “is widespread.”

19 According to Business Insider,

20 Since Business Insider covered the issue in October, we've received scores of reader
emails with the same problem. Fixing it can cost hundreds of dollars at an Apple store.
21
A sampling from readers in the past months:
22
"The spacebar is almost nonfunctional. I have to press it repeatedly to get it to
23 register a space."
24 "I'm one of the Apple customer that has this problem two months after buying an
expensive MacBook Pro 13' 2017."
25
"I called the place where I bought the MacBook and they said it can be sent to
26 Apple but it might cost a couple hundred dollars to fix. I have only had this since
August this year."
27
http://www.businessinsider.com/macbook-keyboard-issue-fix-detailed-by-apple-in-new-patent-
28 2018-3.
CLASS ACTION COMPLAINT
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Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 16 of 33

1 APPLE’S HAS NOT ADEQUATELY ADDRESSED THE DEFECTIVE LAPTOPS
2 THROUGH ITS WARRANTY COVERAGE
3 63. Apple provided (and provides) a written one-year limited warranty with each
4 Laptop.
5 64. Apple’s warranty states, in pertinent part:
6 WHAT IS COVERED BY THIS WARRANTY?
7 Apple Inc. of One Infinite Loop, Cupertino, California 95014, U.S.A. (“Apple”)
warrants the Apple-branded hardware product and Apple-branded accessories contained
8 in the original packaging (“Apple Product”) against defects in materials and
workmanship when used normally in accordance with Apple’s published guidelines for a
9 period of ONE (1) YEAR from the date of original retail purchase by the end-user
purchaser (“Warranty Period”).
10
***
11
WHAT WILL APPLE DO IN THE EVENT THE WARRANTY IS BREACHED?
12
If during the Warranty Period you submit a claim to Apple or an AASP in accordance
13 with this warranty, Apple will, at its option: (i) repair the Apple Product using new or
previously used parts that are equivalent to new in performance and reliability, (ii)
14 replace the Apple Product with the same model (or with your consent a product that has
similar functionality) formed from new and/or previously used parts that are equivalent
15 to new in performance and reliability, or (iii) exchange the Apple Product for a refund of
your purchase price.
16
65. Despite its Limited Warranty, Apple has failed to provide an effective remedy for
17
the Laptops’ defect, instead instructing consumers to attempt futile repairs, as discussed above.
18
Apple representatives frequently attempt to pass blame for the defective keyboards to consumers,
19
telling the consumers that their problems are due to dust and debris getting under the keyboard,
20
and that consumers—not Apple—should try to fix this problem.
21
66. Further, even when Apple has agreed to repair or replace defective Laptops, the
22
repairs and replacements simply result in the consumer obtaining a replacement Laptop or a
23
replacement keyboard on their Laptop, but the replaced or repaired Laptop has the same
24
defectively designed butterfly keyboard. As a result, consumers experience repeated keyboard
25
failures.
26
27
28
CLASS ACTION COMPLAINT
15
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 17 of 33

1 67. As is evidenced on Apple’s own as well as the MacRumors website, Apple is
2 well-aware that many consumers who have received a repaired or replacement Laptop from
3 Apple experience subsequent or repeated keyboard failure:
4 Naimfan, posted Nov. 3, 2017
5 A brief review of threads in Apple support indicates it is relatively common. In my most
recent communications with Apple, each person I spoke or chatted with has said
6 keyboard issues are much more frequent than in the past. Only one person, at an Apple
store, was willing to put a number on it; he suggested that he sees approximately 1
7 failure per 5 machines. I have no way of evaluating the veracity of that statement, but
from my personal experience that seems low - as noted above, I’m on my third keyboard
8 with this machine, and I’m headed to Apple on Saturday to insist on a replacement.
9 https://forums.macrumors.com/threads/2017-macbook-pro-with-touch-bar-keyboard-
issue.2083845/.
10
Automaticftom, posted Nov. 17, 2017
11
I had the top case/keyboard replaced on a 2016 15” twice, meaning three different
12 keyboards failed. The 2017 I have seems to be OK so far. It’s been suggested that heat is
a problem - my 2016 had the 460 GPU, which may have overheated the butterfly
13 mechanism of certain keys and warped them, causing the problem.
14 https://discussions.apple.com/thread/8106230.
15 project 2501, posted July 1, 2017
16 Just adding my voice. my 2017 mbpro was a terrible painful experience - keyboard
failures amongst others (see my thread).
17

18
Apple genius himself told me "the repair rooms are full of them" .. them being the
19 2016/2017 MacBook pros.
20 https://forums.macrumors.com/threads/2017-macbook-pro-with-touch-bar-keyboard-
issue.2083845/page-4.
21
Calebjacobo, posted Apr. 17, 2018
22
I’m on my second keyboard on my 15-inch 2016 MBP. Both times my keys got stuck
23 they had to send it to Apple and replace the whole top piece where the keyboard is. … A
laptop that is so delicate and sensitive to dust is no good.
24
https://forums.macrumors.com/threads/2017-macbook-pro-with-touch-bar-
25 keyboardissue.2083845/page-4
26 537635, posted Apr. 22, 2018
27 After three topcase replacements they put a 2017 topcase & keyboard back in January.
Three months later I’m starting to get double keys registered instead of single ones.
28
CLASS ACTION COMPLAINT
16
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 18 of 33

Laptop hasn’t been moved from my desk in three months, absolutely no food around it,
1 have had a keyboard cover on all the time ….
2 68. An article published by Stephen Hacket on his blog, 502pixels.com, on October
3 17, 2017, recounted the author’s attempt to fix his Laptop’s defective keyboard:
4 I, like the good kbase follower that I am, consulted and followed Apple’s directions for
dealing with this:
5
Hold your Mac notebook at a 75-degree angle, so it’s not quite vertical.
6
Use compressed air to spray the keyboard, or just the affected keys, in a left-to-right
7 motion.
8 Rotate your Mac notebook to its right side and spray the keyboard again, from left to
right.
9
Repeat the action, this time with your Mac notebook rotated to its left side.
10
I walked through the process, somehow without dropping my notebook on the concrete
11 floor of my studio. The travel of my i key improved somewhat, but I still had to strike
the key with a lot of additional force for my key press to register. I had work to do, so I
12 pressed on, whacking the i key with a bunch of force when I needed to use it.
13 After a couple days of light usage, the problem got worse.
14 The bottom lip of the key began to flip up a little bit as the key tried sprinting back up
after being depressed. Light was leaking around it, and eventually this happened:
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CLASS ACTION COMPLAINT
17
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 19 of 33

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 One of the tiny arms that the key cap clips onto is broken. My nearly $2,000 laptop that I
bought less than a year ago is now missing a key, as I shared with our Connected
23 audience this weekend before using an iBook G3 for the rest of the show:

24
25
26
27
28
CLASS ACTION COMPLAINT
18
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 20 of 33

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15 I have a Genius Bar appointment set up for the end of the week. I have the i key ready,
tucked away in a small plastic baggie, as if it was a piece of police evidence. I’m not
16 looking forward to it.

17 https://512pixels.net/2017/10/theres-no-i-in-keyboard/.

18 CLASS ACTION ALLEGATIONS

19 69. Plaintiffs bring this lawsuit under Federal Rules of Civil Procedure Rules 23(a),

20 (b)(1), (b)(2), (b)(3), and/or (c)(4) as representatives of the following Class:

21 All persons in the United States who purchased, other than for resale, a model year 2015
or later Apple MacBook, or a model year 2016 or later MacBook Pro laptop, equipped
22 with a “butterfly” keyboard (the “Laptops”).

23 70. Plaintiffs bring their claims under California’s Song-Beverly Consumer Warranty

24 Act and Consumer Legal Remedies Act on behalf of the following Subclass:

25 All persons in the United States who purchased, other than for resale, one or more of the
Laptops for personal, family or household purposes.
26
71. Excluded from the Class and Subclass are governmental entities, Defendant, any
27
entity in which Defendant has a controlling interest, and Defendant’s officers, directors,
28
CLASS ACTION COMPLAINT
19
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 21 of 33

1 employees, subsidiaries, and affiliates, as well as all judges assigned to this case and any
2 members of their immediate families or judicial staff.
3 72. Defendant has acted and refused to act on grounds generally applicable to the
4 Class, thereby making appropriate final injunctive relief with respect to the members of the Class
5 as a whole.
6 73. Further, this action is brought and may be properly maintained as a class action
7 pursuant to Rule 23. This action satisfies the requirements of Rule 23, including numerosity,
8 predominance of common questions, typicality, adequacy, and superiority.
9 74. Numerosity. While the exact number of members of the Class and Subclass is
10 currently unknown and can be ascertained only through appropriate discovery, Plaintiffs, on
11 information and belief, allege that the Class and Subclass each include at least tens of thousands
12 of members. Further, members of the Class and Subclass are widely dispersed throughout the
13 country. Individual joinder of the Class and Subclass members would be impractical.
14 75. Predominance of Common Questions. Questions of law and fact common to the
15 Class members predominate over any questions that may affect only individual Class and
16 Subclass members, because Apple acted on grounds generally applicable to the Class as a whole.
17 76. Questions of law and fact common to the Class include, but are not limited to:
18 a. Whether the Laptops contained a defect at the time of sale;
19 b. Whether the Laptops are of the same quality as those generally acceptable
20 in the market;
21 c. Whether the Laptops are fit for the same purpose for which the goods are
22 sold;
23 d. Whether Apple breached express and implied warranties connected with
24 the Laptops;
25 e. Whether Apple represented that the Laptops have characteristics, uses or
26 benefits that they do not have;
27 f. Whether Apple represented that the Laptops are of a particular standard,
28 quality or grade when they are of another;
CLASS ACTION COMPLAINT
20
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 22 of 33

1 g. Whether Apple knew of the defect, but continued to promote and sell the
2 Laptops without disclosing the problems with the butterfly keyboard and
3 their consequences to consumers;
4 h. Whether reasonable consumers would consider the keyboard defect
5 material to their decision whether to purchase a Laptop;
6 i. Whether Apple’s affirmative representations and omissions regarding the
7 butterfly keyboard were likely to deceive a reasonable consumer;
8 j. Whether Apple acted unlawfully, unfairly, and/or fraudulently in
9 violation of California’s Unfair Competition Law, CAL. BUS. & PROF.
10 CODE § 17200, et seq.;
11 k. Whether Plaintiffs and Class members overpaid for their Laptops as a
12 result of the latent keyboard defect;
13 l. Whether Plaintiffs and Class members are entitled to equitable relief,
14 including restitution and injunctive relief; and
15 m. Whether Plaintiffs and Class members are entitled to damages or other
16 monetary relief, and if so, in what amount.
17 77. Typicality. Plaintiffs’ claims are typical of the claims of all Class members.
18 Plaintiffs, like all Class members, purchased Lapbooks that contain defective butterfly keyboards
19 and are subject to a common express warranty.
20 78. Plaintiffs, like all Class members, would not have purchased, or would have paid
21 substantially less for, the Laptops had they known of the defect or the fact that Apple would
22 respond inadequately when the defect manifested.
23 79. Further, Plaintiffs, like all members of the Class, are subject to Apple’s terms and
24 conditions, which provide that California law governs their disputes with Apple. Plaintiffs and
25 the Class’s purchases of the Laptops are subject to Apple’s Sales & Refund Terms and
26 Conditions, which incorporate by reference Apple’s Terms of Use, which in turn provide that
27 disputes between Apple and its customers “will be governed by the laws of the United States and
28 by the laws of the State of California without regard to its conflicts of laws provisions.”
CLASS ACTION COMPLAINT
21
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 23 of 33

1 80. Adequacy. Plaintiffs will fairly and adequately protect the interests of the Class.
2 They have no interests antagonistic to the interests of other Class members and are committed
3 to vigorously prosecuting this case. Plaintiffs have retained competent counsel experienced in
4 the prosecution of consumer protection class actions involving defective consumer electronics.
5 81. Superiority. A class action is superior to all other available methods for the fair
6 and efficient adjudication of this controversy. Because the amount of each individual Class
7 member’s claim is small relative to the complexity of the litigation, no Class member is likely
8 to pursue legal redress individually for the violations detailed in this complaint. Individualized
9 litigation would significantly increase the delay and expense to all parties and to the Court and
10 would create the potential for inconsistent and contradictory rulings. By contrast, a class action
11 presents fewer management difficulties, allows claims to be heard which would otherwise go
12 unheard because of the expense of bringing individual lawsuits, and provides the benefits of
13 adjudication, economies of scale, and comprehensive supervision by a single court.
14 FIRST CLAIM FOR RELEF
15 BREACH OF EXPRESS WARRANTY
16 82. Plaintiffs incorporate the above allegations by reference.
17 83. Defendant provides a one-year written Limited Warranty to consumers in
18 connection with every sale of a Laptop. The Limited Warranty is included in the Laptops’
19 packaging and is published on Apple’s website.
20 84. Under the terms of the Limited Warranty, Apple warranted “against defects in
21 materials and workmanship” in the Laptop “when used normally in accordance with Apple’s
22 published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by
23 the end-user purchaser . . . .”
24 85. Apple’s Limited Warranty further provides that if the warranty is triggered during
25 the warranty period, Apple will either: “(i) repair the Apple Product using new or previously
26 used parts that are equivalent to new in performance and reliability, (ii) replace the Apple Product
27 with the same model (or with your consent a product that has similar functionality) formed from
28
CLASS ACTION COMPLAINT
22
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 24 of 33

1 new and/or previously used parts that are equivalent to new in performance and reliability, or
2 (iii) exchange the Apple Product for a refund of your purchase price.”
3 86. Notwithstanding the Limited Warranty, Plaintiffs’ and Class members’ Laptops
4 were materially defective at the time of sale. The defect is inherent to the Laptops and renders
5 the Laptops substantially likely to fail. As a result, the Laptops are unsuitable for their primary
6 purpose.
7 87. Plaintiffs and the Class used their Laptops in a manner consistent with Apple’s
8 operating instructions prior to manifestation of the latent defect.
9 88. Apple was on actual notice of the defective nature of the Laptop before selling
10 Plaintiffs and Class members their Laptops and received timely notice of the breaches they
11 experienced.
12 89. Despite reasonable opportunities to honor the promises in its express warranty,
13 Apple failed to furnish an effective remedy to Plaintiffs and the Class.
14 90. Apple’s failure to provide Plaintiffs and Class members with non-defective
15 replacement devices, an effective repair, or refunds of the purchase price breached its obligations
16 under the warranty.
17 91. As a direct and proximate result of Apple’s breaches of express warranty,
18 Plaintiffs and Class members have been damaged in an amount to be proven at trial.
19 SECOND CLAIM FOR RELIEF
20 VIOLATION OF THE MAGNUSON-MOSS WARRANTY ACT
21 15 U.S.C. § 2301, ET SEQ. (“MMWA”)
22 92. Plaintiffs incorporate the above allegations by reference.
23 93. The Laptop is a “consumer product” under the MMWA. 15 U.S.C. § 2301(1).
24 94. Plaintiffs and Class members are “consumers” under the MMWA. 15 U.S.C. §
25 2301(3).
26 95. Apple is a “supplier” and “warrantor” under the MMWA. 15 U.S.C. § 2301(4)-
27 (5).
28
CLASS ACTION COMPLAINT
23
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 25 of 33

1 96. Through written and implied warranties, Apple warranted to Plaintiffs and Class
2 members that the Laptops they purchased were free from defects, of merchantable quality, and
3 fit for the ordinary purposes for which a laptop is used.
4 97. Apple breached and refused to honor these written and implied promises. As a
5 result of the butterfly keyboard defect, the Laptop is inoperable and fails to perform in
6 accordance with its ordinary and intended purposes.
7 98. Apple has been given reasonable opportunities to cure its breaches of warranty.
8 Apple had actual knowledge and ample notice that the butterfly keyboard in the Laptop is
9 defective as detailed above, but failed to provide an adequate remedy.
10 99. The amount in controversy for purposes of Plaintiffs’ individual claims exceeds
11 $25.
12 100. The amount in controversy in this action exceeds $50,000, exclusive of interest
13 and costs, computed on the basis of all claims to be adjudicated in the suit.
14 101. As a direct and proximate result of Apple’s breaches of implied and express
15 warranties pursuant to 15 U.S.C. § 2310(d)(1), Plaintiffs and Class members have suffered
16 damages in an amount to be determined at trial.
17 102. Plaintiffs also seek costs and expenses, including reasonable attorneys’ fees,
18 under the MMWA. 15 U.S.C. § 2310(d)(2).
19 THIRD CLAIM FOR RELIEF
20 VIOLATION OF CALIFORNIA SONG-BEVERLY CONSUMER WARRANTY ACT,
21 CAL. CIV. CODE §§ 1790 et seq.
22 103. Plaintiffs individually and on behalf of the Subclass incorporate by reference all
23 of the allegations contained in the preceding paragraphs.
24 104. Each of the Plaintiffs and Subclass members purchased a Laptop in its original
25 packaging and did not alter their Laptops.
26 105. At all relevant times, Defendant was in the business of manufacturing and selling
27 the Laptops.
28
CLASS ACTION COMPLAINT
24
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 26 of 33

1 106. The Laptops were and are used and bought primarily for personal, family, or
2 household purposes and are therefore consumer goods.
3 107. The Laptops contain a defect that renders them inoperable for typing. The defect
4 was present when the Laptops left Defendant’s exclusive control and therefore existed during
5 the duration of the warranty period.
6 108. The Laptops were not of the same quality as those generally acceptable in the
7 trade; were not fit for the ordinary purposes of a Laptop; were not adequately contained,
8 packaged, and labeled; and did not conform to the promises and facts stated on the container and
9 label.
10 109. Defendant, therefore, breached the implied warranty of merchantability, which
11 by law is provided in every consumer agreement for the sale of goods, including for the sale of
12 the Laptops.
13 110. The defect in the Laptops is latent. Though the Laptops appear operable when
14 new, the defect existed in the product at the time of sale and throughout the one-year Limited
15 Warranty period. Accordingly, any subsequent discovery of the defect beyond that time does not
16 bar an implied warranty claim under the Song-Beverly Act.
17 111. As a direct and proximate cause of Defendant’s breach of the implied warranty
18 of merchantability, Plaintiffs and the Subclass members have been damaged by receiving an
19 inferior product from that which they were promised.
20 112. Plaintiffs and the Subclass members, therefore, have the right to obtain damages
21 in an amount to be proven at trial, or in the alternative, to cancel and recover the purchase price
22 of their Laptops.
23 113. Plaintiffs seek costs and expenses, including reasonable attorneys’ fees, under
24 CAL. CIV. CODE § 1794.
25 FOURTH CLAIM FOR RELIEF
26 VIOLATION OF THE CALIFORNIA UNFAIR COMPETITION LAW
27 CAL. BUS.&PROF. CODE § 17200, ET SEQ.
28 114. Plaintiffs incorporate the above allegations by reference.
CLASS ACTION COMPLAINT
25
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 27 of 33

1 115. Cal. Bus. & Prof. Code § 17200 et seq. (the “UCL”) proscribes “any unlawful,
2 unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading
3 advertising.” CAL. BUS. & PROF. CODE § 17200.
4 Unlawful
5 116. Apple’s conduct is unlawful, in violation of the UCL, because it violates the
6 California Consumer Legal Remedies Act, the Magnuson-Moss Warranty Act, the Song-Beverly
7 Warranty Act, and constitutes breach of express warranties.
8 Deceptive
9 117. Apple’s conduct described herein was also deceptive in violation of the UCL.
10 118. Apple uniformly failed to disclose that the Laptops contained a latent defect and
11 that the butterfly keyboards were prone to failure.
12 119. Apple knew or reasonably should have known at all times that it sold the Laptops
13 that the Laptops contained a latent defect and that the butterfly keyboards were prone to failure,
14 rendering the Laptops inoperable.
15 120. Apple advertised the Laptops by representing that they were functional, premium
16 devices, and specifically highlighted the low-profile and purported superior responsiveness and
17 stability of the butterfly switch keyboards. These representations were misleading in light of
18 Apple’s failure to disclose that the Laptops were defective and that the butterfly keyboards were
19 prone to failure.
20 121. Apple’s misleading representations and omissions regarding the Laptops were
21 material.
22 122. Apple’s representations and omissions regarding the Laptops were likely to
23 mislead a reasonable consumer.
24 123. Plaintiffs suffered injury-in-fact, including lost money or property, as a result of
25 Apple’s unlawful and deceptive acts and omissions. Absent Apple’s unlawful and deceptive
26 conduct, Plaintiffs would not have purchased their Laptops, or would not have purchased them
27 at the prices that they did.
28
CLASS ACTION COMPLAINT
26
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 28 of 33

1 124. The Class also overpaid for the Laptops. They would not have paid as much as
2 they did for the Laptops absent Defendant’s wrongful conduct.
3 125. Through its unlawful and deceptive conduct, Apple acquired money from
4 Plaintiffs and the Class directly and as passed on through Apple’s authorized resellers.
5 126. Plaintiffs and the Class seek restitution and such orders or judgments as may be
6 necessary to enjoin Apple from continuing its unfair, unlawful, and fraudulent practices.
7 Plaintiffs also seek reasonable attorneys’ fees and costs under applicable law, including under
8 California Code of Civil Procedure § 1021.5.
9 SEVENTH CLAIM FOR RELIEF
10 VIOLATION OF CALIFORNIA’S CONSUMER LEGAL REMEDIES ACT
11 CAL. CIV. CODE § 1750, ET SEQ. (“CLRA”)
12 ON BEHALF OF THE SUBCLASS
13 127. Plaintiffs incorporate the above allegations by reference.
14 128. Apple is a “person” within the meaning of CAL. CIV. CODE §§ 1761(c) and
15 1770, and provided “goods” within the meaning of CAL. CIV. CODE §§ 1761(a) and 1770.
16 129. As alleged herein, Defendant represented that the Laptops had characteristics,
17 uses, and benefits they do not have; represented that the Laptops are of a standard, quality, or
18 grade that they are not; and advertised the Laptops with the intent not to sell them as advertised
19 in violation of the CLRA, Cal. Civ. Code §§ 1770(a)(5), (7), and (9).
20 130. Through pre-release testing and its review of consumer complaints, Apple was
21 aware at all relevant times that the Laptops contain a latent defect and that their butterfly
22 keyboards are prone to failure.
23 131. Apple also made many general, partial representations regarding the Laptops’
24 high quality and premium features, including the butterfly keyboard, that were materially
25 misleading in light of its omission of facts related to the Laptops’ latent defect and the butterfly
26 keyboard’s propensity to fail.
27 132. Apple’s misrepresentations and omissions were material. Had Plaintiffs and the
28 Subclass members known that the Laptops are defective and their keyboards prone to failure,
CLASS ACTION COMPLAINT
27
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 29 of 33

1 they would not have purchased their Laptops or would not have purchased them for the prices
2 that they paid.
3 133. Plaintiffs accordingly seek declaratory and injunctive relief. Plaintiffs further
4 intend to seek compensatory and punitive damages. Pursuant to CAL. CIV. CODE § 1782(a),
5 Plaintiffs will serve Defendant with notice of its alleged violations of the CLRA by certified mail
6 return receipt requested. If, within thirty days after the date of such notification, Defendant fails
7 to provide appropriate relief for its violations of the CLRA, Plaintiffs will amend this Complaint
8 to seek monetary damages.
9 134. Notwithstanding any other statements in this Complaint, Plaintiffs, on behalf of
10 themselves and the Subclass, do not seek monetary damages in conjunction with this CLRA
11 claim—and will not do so—until this thirty-day period has elapsed.
12 135. Plaintiffs are concurrently filing a declaration, attached as Exhibit A, stating facts
13 showing that this action has been commenced in a county that is the proper place for the trial of
14 this action in accordance Cal. Civ. Code § 1780(d).
15 PRAYER FOR RELIEF
16 WHEREFORE, Plaintiffs, on behalf of themselves and the Class and Subclass, request
17 that the Court order the following relief and enter judgment against Defendant as follows:
18 A. An order certifying the proposed Nationwide Class and Subclass under Rule 23,
19 and appointing Plaintiffs to represent the Nationwide Class and Subclass;
20 B. A declaration that Defendant has engaged in the illegal conduct alleged;
21 C. An order that Defendant be permanently enjoined from its improper conduct;
22 D. A judgment awarding Plaintiffs and the Nationwide Class and Subclass
23 restitution and disgorgement of all compensation obtained by Defendant through
24 its wrongful conduct;
25 E. A judgment awarding Plaintiffs and the Nationwide Class and Subclass
26 compensatory damages in an amount to be proven at trial;
27 F. Prejudgment and post-judgment interest at the maximum allowable rate;
28 G. Attorneys’ fees and expenses and the costs of this action; and
CLASS ACTION COMPLAINT
28
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 30 of 33

1 H. All other relief that the Court deems necessary, just, and proper.
2 DEMAND FOR JURY TRIAL
3 Plaintiffs hereby demand a trial by jury on all claims so triable.
4
5 Dated: May 22, 2018 SCHUBERT JONCKHEER & KOLBE LLP
6 /s/Willem F. Jonckheer
7 ROBERT C. SCHUBERT
WILLEM F. JONCKHEER
8 MIRANDA P. KOLBE
NOAH N. SCHUBERT
9 Three Embarcadero Center, Suite 1650
San Francisco, California 94111
10
Telephone: (415) 788-4220
11 Facsimile: (415) 788-0161

12 Attorneys for Plaintiffs
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CLASS ACTION COMPLAINT
29
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 31 of 33

EXHIBIT A
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 32 of 33

1 ROBERT C. SCHUBERT (S.B.N. 62684)
(rschubert@sjk.law)
2 WILLEM F. JONCKHEER (S.B.N. 178748)
3 (wjonckheer@sjk.law)
MIRANDA P. KOLBE (S.B.N. 213496)
4 (mkolbe@sjk.law)
NOAH M. SCHUBERT (S.B.N. 278696)
5 (nschubert@sjk.law)
SCHUBERT JONCKHEER & KOLBE LLP
6
Three Embarcadero Center, Suite 1650
7 San Francisco, California 94111
Telephone: (415) 788-4220
8 Facsimile: (415) 788-0161
9 Attorneys for Plaintiffs Individually and on Behalf of
10 All Others Similarly Situated

11 UNITED STATES DISTRICT COURT
12 NORTHERN DISTRICT OF CALIFORNIA
13
14
REMY TURNER, CHRISTOPHER Case No.
15 MARTIN, and JOEY BARUCH,
Individually and on Behalf of All Others DECLARATION OF WILLEM F.
16
Similarly Situated, JONCKHEER IN SUPPORT OF
17 COMPLAINT FOR VIOLATION OF
Plaintiffs, CAL. CIV. CODE SECTION 1750 ET
18 SEQ.
v.
19 DEMAND FOR JURY TRIAL
20 APPLE INC.,

21 Defendant.

22
23
24
25
26
27
28

DECLARATION OF WILLEM F. JONCKHEER
Case 5:18-cv-03048 Document 1 Filed 05/22/18 Page 33 of 33

1 I, Willem F. Jonckheer, hereby declare:
2 1. I am one of the attorneys for Plaintiffs in the captioned case. I have personal
3 knowledge of the matters set forth herein, and could and would testify competently thereto if
4 called upon to do so. I submit this Declaration in Support of Plaintiffs’ Class Action Complaint
5 against Defendant Apple Inc., which is based in part on violations of the Consumer Legal
6 Remedies Act, Cal. Civil Code Section 1750 et seq.
7 2. This Court is the proper one for commencement and trial of this action under Cal.
8 Civ. Code Section 1780(d) because: (a) Defendant Apple Inc. is headquartered in this County
9 and District, has its principal place of business here, and is subject to jurisdiction here, and (b) a
10 substantial part of the events or omissions giving rise to Plaintiffs’ claims occurred in this County
11 and District. Defendant Apple Inc. engaged in the promotion, marketing, distribution and sales
12 in this County and District of the products at issue in the Class Action Complaint.
13
14 I declare under penalty of perjury under the laws of the United States that the foregoing
15 is true and correct.
16
Executed this 22nd day of May 2018 at San Francisco, California.
17
18
_____________________________
19
20 Willem F. Jonckheer

21
22
23
24
25
26
27
28
DECLARATION OF WILLEM F. JONCKHEER
1
Case 5:18-cv-03048 Document 1-1 Filed 05/22/18 Page 1 of 2
JS-CAND44(Rev.06/17)
CIVIL COVER SHEET
The JS-CAND 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law,
except as provided by local rules of court, This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of
Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEST PA GE
OF THIS FORM)

I. (a) PLAINTIFFS DEFENDANTS
REMY TURNER, CHRISTOPHER MARTIN, and JOEY
Annie Inc
BARUCH, Individually and on Behalf of All Others Similarly

(b) Cout 0/sidence of First Listed County of Residence of Ftrst Listed Defendant
Plaintiff Kinc County, WA
(EXCEPTIN U.S. PLAINTIFF CASES] (IN U.. PLAINTIFF CASES ONLY]

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name. Address and Telephone Number) Attorneys (IfKnown]
Willem F. Jonckheer, Schubert Jonckheer & Kolbe LLP
3 Embarcadero Center, Suite 1650
San_Francisco,_CA 94111
II. BASIS OF JURISDICTION Place an Xin One Box Onls, III. CITIZENSHIP OF PRINCIPAL PARTIES tPlace an V”inOneBoxforPlaint)/1
(For Diversiti eases Only) and One Boxfor Defendant]
PTF DEF PTF DEF
h U.S. Government Plaintiff X
. a Party) Citizen of This State I
41 Incorporated or Principal Place 4 44
-
of Business In This State
Citizen of Another State
2 U.S. Government Defendant 4 Diversity
2 42 Incorporated and Principal Place 45 5
(Indicate Citizenship of Parties in Item III] . 0 uslness n not er a
43
. .

Citizen or Subject ofa 3 Foreign Nation 46 6
Foreign Countiy

IV. NATURE OF SUIT (Place an T in One Box Only)
cONThAC’f
110 Insurance
fJfl( )
PERSONAL INJURY PERSONAL INJURY 625 Drag Related Seizure of 422 Appeal 28 USC § 15$ 375 False Claims Act
120 Marine 3 tO Airplane Propoily 2 t USC § $81 123 Withdrawal 28 USC 376 Qui Tam (31 USC
365 Personal Injury Product

130 Miller Act 315 Airplane Product Liability Liability 690 Other § 157 § 3729(a))
140 Negotiable Instrument 320 Assault Libel & Slander 367 Health Care! 400 State Reapportionment
LABOR O?ERTYR1GffrS
150 Recovery of Pharmaceutical Personal 410 Antitrust
330 Federal Employers 710 Fair Labor Standards Act $20 Copyrights
Injury Product Liability
Overpayment Of
,

Veteran s Benefits
5b i I Y

36$ Asbestos Personal Injury
. 720 Labor/Management 830 Patent 4 430 Banks and Banking
. anne e ations
.

450 Commerce
835 Patent—Abbreviated New
.

151 Medicare Act Product Liabilit
345 Marine Product Liability 740 Railway Labor Act Drag Application 460 Deportation
t 152 Recovery of Defaulted
350 Motor Vehicle
PERSONAL PROPERTY
751 Family and Medical $40 Trademark 470 Racketeer Influenced &
Student Loans (Excludes 370 Other fraud Corrupt Oreanizations
-
.

Veterans) 35 MoVehicle Product Lea e Act
371 Truth in Lending 790 Other Labor Litigation ê0ci8EcRn’Y 480 Consumer Credit
153 0iY
360 Other Personal Injury 380 Other Personal Property 791 Employee Retirement $6l lIlA (1395f0 490 Cable/Sat TV
Damage $62 Black Lung (923)
of Veteran’s Benefits 362 Personal Injury-Medical Income Security Act 850 Securities/Commodities!
,
Malpractice 385 Property Damage Product 863 DIWC/DIWW (405(g)) Exchange
160 Stockholders Suits.

Liability
X 190 Other Contract $64 SSID Title XVI 890 Other Statutory Actions
cnrn.mcwrs RISoNERPETInOiS 462 Naturalization
865 RSI (405(g)) 891 Agricultural Acts
195 Contract Product Liability Application
440 Other Civil Rights HABEAS CORPUS J8DF.RAL TAX stns 893 Environmental Matters
196 Franchise 465 Other Immigration
441 Voting 463 Alien Detainee Actions 895 Freedom of Infomsation
REAL PROPERTY $70 Taxes (U.S. Plaintiff or
442 Employment 510 Motions to Vacate Defendant) Act
210 Land Condemnation 443 Housing! Sentence 896 Arbitration
871 tRS—Third Puny 26 USC
220 Foreclosure Accommodations 530 General § 7609 4 899 Administrative Procedure
230 Rent Lease & Ejectment 445 Amer. w/Disahilities— 535 Death Penalty Act/Review or Appeal of
240 Torts to Land Emp oymest Agency Decision
OTHER
245 Tort Product Liability er. w isa i ties t er Constitutionality of State
540 Mandamus & Other Statutes
290 All Other Real Property 448 Education
550 Civil Rights 1
555 Prison Condition
560 Civil Detainee—
Conditions of
Confinement

V. ORIGIN (Place an X”inOneBoxOnlv]
X I Onginal 2 Removed from 3 Remanded from 4 45
Proceeding State Court Appellate Court
Reinstated or
Reopened
Transferred from
Another District (specifji]
6 Multidistrict
Litigation—Transfer
48 Multidistrict
Litigation—Direct File

VI CAUSE OF Cite the U.S. Civil Statute under which you are fi (Do no: cfte jurisdlai.na! statutes unless dinersity):
15USC2301
ACTIOT
Act I___________________________
VII. REQUESTED IN / CHECK IF THIS IS A CLASS ACTION DEMAND $
COMPLAINT: UNDER RULE 23, Fed. R. Civ. P.
I_,,J CHECK YES only if demanded in complaint:
JURY DEMAND: X Yes No

VIII.
JUDGE Hon. Howard R. Lloyd DOCKET NUMBER
1$-cv-2813
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
(Place an “X” in One Box Only) S SAN FRAN CISCO/OAKLANI) X SAN JOSE S EtREK%MCMI’1LEYVILLE

DATE 5/22/2018 SIGNATURE OF ATTORNEY OF RECORD Is! Willem F. Jonckheer
JS-CAND 44 (rev. 07/16) Case 5:18-cv-03048 Document 1-1 Filed 05/22/18 Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44

Authority For Civil Cover Sheet. The JS-CAND 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and
service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial
Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. Consequently, a civil cover sheet is
submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.)
c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment).”

II. Jurisdiction. The basis of jurisdiction is set forth under Federal Rule of Civil Procedure 8(a), which requires that jurisdictions be shown in
pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
(1) United States plaintiff. Jurisdiction based on 28 USC §§ 1345 and 1348. Suits by agencies and officers of the United States are included here.
(2) United States defendant. When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
(3) Federal question. This refers to suits under 28 USC § 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code
takes precedence, and box 1 or 2 should be marked.
(4) Diversity of citizenship. This refers to suits under 28 USC § 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS-CAND 44 is to be completed if diversity of citizenship was indicated above.
Mark this section for each principal party.
IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an “X” in one of the six boxes.
(1) Original Proceedings. Cases originating in the United States district courts.
(2) Removed from State Court. Proceedings initiated in state courts may be removed to the district courts under Title 28 USC § 1441. When the
petition for removal is granted, check this box.
(3) Remanded from Appellate Court. Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
(4) Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
(5) Transferred from Another District. For cases transferred under Title 28 USC § 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
(6) Multidistrict Litigation Transfer. Check this box when a multidistrict case is transferred into the district under authority of Title 28 USC
§ 1407. When this box is checked, do not check (5) above.
(8) Multidistrict Litigation Direct File. Check this box when a multidistrict litigation case is filed in the same district as the Master MDL docket.
Please note that there is no Origin Code 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statute.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC § 553. Brief Description: Unauthorized reception of cable service.
VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Federal Rule of Civil Procedure 23.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS-CAND 44 is used to identify related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
IX. Divisional Assignment. If the Nature of Suit is under Property Rights or Prisoner Petitions or the matter is a Securities Class Action, leave this
section blank. For all other cases, identify the divisional venue according to Civil Local Rule 3-2: “the county in which a substantial part of the
events or omissions which give rise to the claim occurred or in which a substantial part of the property that is the subject of the action is situated.”
Date and Attorney Signature. Date and sign the civil cover sheet.