C22-01970
CASE NAME: CHRIS TRAINA VS. APPLE, INC.
HEARING ON DEMURRER TOCOMPLAINT FILED BY APPLE INC ON 11/15/22
FILED BY:
*TENTATIVE RULING:*
Defendant Apple demurs to plaintiff’s complaint, arguing that it fails to state any causes of action.
Plaintiff has moved to strike the demurrer (Line 3), but has not otherwise substantively responded to
it.
The demurrer is sustained, with leave to amend. Plaintiff may file and serve a First Amended
Complaint by February 23, 2023. If he does not do so, the case will be dismissed.
The Complaint
This complaint arises from an alleged incident occurring on September 28, 2020, at the height of the
COVID pandemic emergency. Plaintiff alleges that he attempted to visit Apple’s store in Walnut Creek
to exchang