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Slip Opinion
N.D. Cal.
Mar 17, 2023
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Background

  • Plaintiff T.T., a minor, alleges he purchased "Gems" (in‑game currency) in Supercell games (Clash Royale alleged; claims extend to Clash of Clans and Brawl Stars) and seeks refunds, asserting minors can void/disaffirm such contracts under California Family Code §§ 6701 and 6710.
  • Supercell’s Terms of Service state virtual items remain Supercell’s and that purchases are final/non‑refundable; plaintiff alleges those terms misled minors and prevented rightful refunds.
  • Causes of action: declaratory relief (minor’s right to disaffirm and inability to contract for non‑possessed personal property), UCL (unlawful and unfair prongs; plaintiff concedes fraudulent prong), and restitution/unjust enrichment.
  • Supercell moved to dismiss for failure to state a claim and for lack of standing as to certain games, economic injury, and injunctive relief; also challenged applicability of Family Code provisions and the unjust enrichment theory.
  • The court denied dismissal in large part: allowed UCL unlawful and unfair claims and unjust enrichment to proceed (finding factual disputes inappropriate at pleading stage), granted dismissal of the UCL fraudulent prong and denied injunctive relief standing; plaintiff may amend.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Standing for unplayed games T.T. asserts claims across all three games because purchases and Terms of Service are substantially similar Supercell argues no standing for games T.T. did not play or purchase Court: denied dismissal—similarity of purchases/terms suffices at pleading stage
Economic injury (UCL standing) T.T. lost money because purchases are void/voidable and refunds were withheld Supercell contends no cognizable economic loss or that plaintiff retained benefit from use Court: plaintiff plausibly alleged economic injury; denial of motion
Injunctive relief standing T.T. seeks injunction to remedy alleged ongoing policy and recover refunds Supercell says no real/imminent threat since plaintiff no longer plays and future harm speculative Court: granted dismissal of injunctive relief claim for lack of Article III standing
UCL unlawful/unfair prongs (Family Code §§ 6701, 6710) T.T. alleges purchases are void/voidable under §§ 6701/6710 because virtual items not in minor’s immediate possession/control and Terms block refunds Supercell argues virtual items aren’t "personal property" or were within minor’s control; defenses raise factual disputes Court: denied dismissal as applicability of Family Code and factual control questions are premature
Restitution / unjust enrichment T.T. alleges Supercell was unjustly enriched by retaining minors’ payments via nonrefundable policy Supercell contends unjust enrichment requires contractual basis and is improper Court: denied dismissal—allegations suffice to state quasi‑contractual restitution claim

Key Cases Cited

  • Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard)
  • Ashcroft v. Iqbal, 556 U.S. 662 (2009) (application of Twombly plausibility principles)
  • Mendiondo v. Centinela Hosp. Med. Ctr., 521 F.3d 1097 (9th Cir. 2008) (12(b)(6) dismissal standard)
  • Vess v. Ciba‑Geigy Corp. USA, 317 F.3d 1097 (9th Cir. 2003) (Rule 9(b) particularity for fraud)
  • Cooper v. Pickett, 137 F.3d 616 (9th Cir. 1997) (who, what, when, where, how standard for fraud pleading)
  • Davidson v. Kimberly‑Clark Corp., 889 F.3d 956 (9th Cir. 2018) (standing to seek injunction after prior deception)
  • Kwikset Corp. v. Superior Ct., 51 Cal.4th 310 (Cal. 2011) (UCL standing requires loss of money or property)
  • Cel‑Tech Commc'ns, Inc. v. Los Angeles Cellular Tel. Co., 20 Cal.4th 163 (1999) (UCL prongs and scope)
  • Astiana v. Hain Celestial Grp., Inc., 783 F.3d 753 (9th Cir. 2015) (unjust enrichment as basis for restitution relief)
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Case Details

Case Name: T.T. v. Supercell, Inc.
Court Name: District Court, N.D. California
Date Published: Mar 17, 2023
Citation: 3:22-cv-03196
Docket Number: 3:22-cv-03196
Court Abbreviation: N.D. Cal.
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