On Tuesday, CSK&D, filed an action against Google in California’s Santa Clara Superior Court for defects in the Pixel 3 and 3XL smartphones. The complaint alleges that the Pixel 3 is defective because (1) the Pixel camera suffers from a malfunctioning autofocus feature, which causes the screen display to go black or the camera application to fail altogether; and (2) the Pixel’s battery drains at an accelerated pace after a short period of normal use, causing the phone to overheat and/or prematurely shut off. These defects “are material and compromise the devices’ core functionality” and are the subject of scores of consumer complaints online. Google designed, manufactured, marketed and sold the Pixel 3 phones without disclosing the presence of these defects, and, in fact, deceptively marketing the phones as being of a superior quality and functionality when they were not. Google also failed to honor its warranty by denying warranty coverage and/or replacing defective phones with equally defective replacement devices.
Plaintiff Nicholas Goglia asserts these claims on behalf of himself and a class of similarly situated California consumers. The complaint accuses Google of violating California’s Unfair Competition Law, California’s Consumer Legal Remedies Act, and California’s False Advertising Law. Plaintiff seeks declaratory and public injunctive relief for Google to disclose the defects and to return costs to remedy the Pixel 3 phones, to extend the warranty time period and notify Pixel 3 users about the extension, restitution, and to enjoin from the deceptive advertising and selling of Pixel 3 phones without disclosing the purported defects; an award for costs and fees and other relief.