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VAN ZANT v. APPLE INC.

No. H039354.

229 Cal.App.4th 965 (2014)

177 Cal. Rptr. 3d 805

INGRID VAN ZANT, Plaintiff and Appellant, v. APPLE INC., Defendant and Respondent.

Court of Appeals of California, Sixth District.

September 12, 2014.

Attorney(s) appearing for the Case

Altshuler Berzon, Jonathan Weissglass , P. Casey Pitts ; Branstetter, Stranch & Jennings, Michael G. Stewart , J. Gerard Stranch IV and James G. Stranch III for Plaintiff and Appellant.

Morrison & Foerster, Miriam A. Vogel , Penelope Preovolos and Suzanna Brickman for Defendant and Respondent.

OPINION

MÁRQUEZ, J.—

This case concerns a question of procedure that may arise when a plaintiff sues a manufacturer for marketing and selling allegedly defective smartphones: If the plaintiff claims internal defects in the smartphone are the sole cause of its failure to perform as advertised, is the network carrier for the smartphone a necessary party to the lawsuit? We conclude the network carrier is not a necessary party.

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