Case 3:20-cv-01732-LB Document 1 Filed 03/11/20 Page 1 of 23
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`Excolo Law, PLLC
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`Keith Altman (SBN 257309)
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`26700 Lahser Road, Suite 401
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`Southfield, MI 48033
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`516-456-5885
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`Email: kaltman@excololaw.com
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
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`BRANDI CRAWFORD on
`behalf of herself and all
`others similarly situated
`Plaintiff,
`-against-
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`SONY INTERACTIVE
`ENTERTAINMENT, LLC.
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`Defendants.
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`CASE NO:
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`CLASS ACTION COMPLAINT FOR DAMAGES
`JURY TRIAL DEMANDED
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`1
`Crawford, et al. v. Sony Interactive Entertainment LLC, Class Action Complaint
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`Case 3:20-cv-01732-LB Document 1 Filed 03/11/20 Page 2 of 23
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`Plaintiff Brandi Crawford, individually and on behalf of the Class described below, by and
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`through her attorneys, make the following allegations pursuant to the investigation of counsel and
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`based upon information and belief, except as to allegations specifically pertaining to Plaintiff and
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`counsel, which are based on personal knowledge.
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`I. OVERVIEW OF THE ACTION
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`1.
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`In addition to its distinction as a market leader in the manufacture, marketing and
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`sale of gaming consoles, Defendant Sony Interactive Entertainment America, LLC (“SIE” or
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`“Defendant”) is also the leading seller of “Apps,” i.e., software applications that users download
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`on their mobile computing devices, such as SIE’s PlayStation devices. Among the many thousands
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`of Apps that SIE offers for sale are gaming Apps targeted at children. Although numerous gaming
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`Apps are offered for free and may be downloaded at no cost, many such games are designed to
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`induce purchases of what SIE refers to as “In-App Purchases” or “In- App Content,” i.e., virtual
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`supplies, ammunition, fruits and vegetables, cash and other fake “currency” within the game in
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`order to play the game as it was designed to be played (“Game Currency”). These games are highly
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`addictive, designed deliberately so, and tend to compel children playing them to purchase large
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`quantities of Game Currency, amounting to as much as $100 per purchase or more. As such, the
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`sale of Game Currency to children is highly lucrative.
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`2.
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`Plaintiff BRANDI CRAWFORD bring this class action on behalf of herself and
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`other parents and guardians who (a) downloaded or permitted their minor children to download a
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`supposed free App from SIE, and (b) then incurred charges for game-related voidable purchases
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`that the minor children were induced by SIE to make, without the parents’ and guardians’
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`knowledge or permission.
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`3.
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`Minors also have the ability to create accounts on the SIE network, claiming that
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`they are their parents, using their parents’ credit cards, without their parents’ permission or
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`2
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`Crawford, et al. v. Sony Interactive Entertainment LLC, Class Action Complaint
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`Case 3:20-cv-01732-LB Document 1 Filed 03/11/20 Page 3 of 23
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`authorization. SIE does not effectively prohibit such practices despite their obvious knowledge that
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`minors may engage in such activities due to their lack of maturity.
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`Declaratory Judgment Act, California’s contract laws, Consumers Legal Remedies Act, Business
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`Plaintiff brings this action for declaratory, equitable and monetary relief under the
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`4.
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`and Professions Code Sections 17200 et seq., and/or for Unjust Enrichment.
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`II.
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`PARTIES
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`6.
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`Plaintiff Brandi Crawford is a citizen of and domiciled in Mississippi. Crawford is
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`the guardian of C.R.B,., a minor.
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`7.
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`C.R.B. started to play the video game Fortnite on his PlayStation 4 system in mid
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`2019 which required him to have an account with the PlayStation Network, an online service used
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`by the PlayStation 4 that allows users to buy and download games and other digital content.
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`8.
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`C.R.B. made an account with the PlayStation Network system that allowed him to
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`play the Fortnite video game and purchase the virtual goods known as V-bucks in the game.
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`9.
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`V-Bucks are a type of in-game virtual currency or tokens that once bought from the
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`PlayStation Store can be used to buy “skins” in the game Fortnite.
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`10.
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`C.R.B. used his mother’s debit card to make purchases exceeding $1,000 in the game
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`without her authorization.
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`11.
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`Upon information and belief, there are millions of PlayStation 4 users and there are
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`thousands of putative class members with unauthorized charges made by their minor children.
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`12.
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`Upon information and belief, Defendant Sony Interactive Entertainment America
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`LLC (SIE), is a limited liability corporation formed under the laws of Delaware.1
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`1 https://icis.corp.delaware.gov/ecorp/entitysearch/NameSearch.aspx
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`Crawford, et al. v. Sony Interactive Entertainment LLC, Class Action Complaint
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`Case 3:20-cv-01732-LB Document 1 Filed 03/11/20 Page 4 of 23
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`13.
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`SIE is a wholly owned subsidiary of Sony Corporation of America, a corporation
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`formed under the laws of the State of New York with headquarters in New York, NY, according to
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`its website.2
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`14.
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`On information and belief, because SIE is a wholly owned subsidiary of Sony
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`Corporation of America, Sony Corporation is the sole member of SIE.
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`15.
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`According to its website, SIE’s principal place of business is in San Mateo,
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`California.3
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`16.
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`According to its website SIE’s “is responsible for the PlayStation brand and family
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`of products and services [that] includes [the] PlayStation 4 [and] PlayStation Store.”4
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`III. JURISDICTION AND VENUE
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`17.
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`For purposes of corporate citizenship, Defendant is a citizen of New York as that is
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`the principal place of business of its sole member.
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`18.
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`Defendant has its principal place of business in San Mateo, California, transacts
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`business in this District, has subjected itself to this Court’s jurisdiction through such activity, and a
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`substantial part of the events and omissions giving rise to this claim occurred in this District.
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`Accordingly, venue is proper in this District under 28 U.S.C. § 1391.
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`19.
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`This Court has personal jurisdiction over Defendant SIE, because at all times
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`relevant to this action, SIE has engaged in substantial business activities and has its headquarters
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`located in the State of California which can be regarded as the home corporate forum.5 Therefore,
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`SIE has sufficient minimum contacts with this state and at all times relevant to this action SIE has
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`2 https://www.sony.com/en_us/SCA/who-we-are/overview.html
`3 https://www.playstation.com/en-us/corporate/about/
`4 Id.
`5 Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915, 924 (U.S. 2011)
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`Crawford, et al. v. Sony Interactive Entertainment LLC, Class Action Complaint
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`Case 3:20-cv-01732-LB Document 1 Filed 03/11/20 Page 5 of 23
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`engaged, either directly or indirectly, in the business of marketing, promoting, distributing, and
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`selling of its products as well as contracting with D.W. and administering the user accounts in
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`California, to render the exercise of jurisdiction by this Court permissible under traditional notions
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`of fair play and substantial justice.
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`20.
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`This Court has jurisdiction pursuant to 28 U.S.C. § 1332(d). This is a class action
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`involving more than 100 Class Members. Plaintiff and Defendant are citizens of different states and
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`the amount in controversy, in the aggregate, exceeds the sum of $5 million exclusive of interest and
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`costs.
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`IV.
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`FACTUAL ALLEGATIONS
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`21.
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`SIE oversees the development and marketing of video games, consoles, and products
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`in the United States and Canada.
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`22.
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`SIE’s video game products include, among others: games, wireless controllers,
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`wireless stereo headsets, and PlayStation 4 video game consoles.
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`23.
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`SIE has its principle place of business in California, therefore granting this court with
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`personal jurisdiction.
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`24.
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`Upon information and belief, SIE sells, advertises, contracts, and administers the
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`PlayStation Network and online Store in the State of California and throughout the United States.
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`25.
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`SIE offers an online and network service called the PlayStation Network (PSN),
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`which includes the PlayStation Store, an online store that allows users and consumers buy and
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`download video games and digital game features.
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`26.
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`According to the PlayStation website, by creating an account in the PSN users can
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`play games online as well as buy content and services such as levels for games, movies, and
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`television shows.
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`Crawford, et al. v. Sony Interactive Entertainment LLC, Class Action Complaint
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`Case 3:20-cv-01732-LB Document 1 Filed 03/11/20 Page 6 of 23
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`27.
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`Through the PlayStation Store, users can download video games as well as other
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`digital content to be used on the PlayStation 4 console.
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`an online account and to agree with the PSN Terms of Service and User Agreement, which state
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`28.
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`In order to use the PSN and download video games, users need to make and register
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`that the user needs to have reached the legal age of majority, or, if under the age of majority, have
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`the consent of the parent or legal guardian.
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`29.
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`SIE does not employ effective measures to prevent minors from creating these
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`accounts. Minors frequently use their parents’ credit or debit cards as a means of securing payments
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`for in game purchases.
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`30.
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`All purchases made on the PSN service, including debit or credit cards and PayPal,
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`are made through the PSN account wallet. The funds added to the wallet to make purchases are non-
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`refundable and non-transferable, except as required by law according to the PSN user agreement.6
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`31.
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`Users of the PSN can buy or download for free certain games through the PlayStation
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`Store and play the games using the PlayStation 4 platform.
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`6 “All transactions made through your Account or an associated Account of your child are solely
`between you and SIE LLC. By completing a transaction through your Account or allowing a
`transaction to take place through an associated Account of your child, you are (i) agreeing to pay
`for all transactions made by you or your children, including recurring charges for subscriptions that
`are not cancelled; (ii) authorizing SIE LLC to deduct from the wallet and charge your credit card or
`other applicable payment instrument or payment mechanism all fees due and payable for all your
`transactions; and (iii) agreeing to any applicable Usage Terms and terms associated with use of the
`particular PSN Service. All transactions are final upon their completion and may be deemed to be
`governed by law and regulatory requirements applicable at the time the transaction was completed.
`PAYMENTS FOR ACCESS TO CONTENT OR SERVICES ARE NOT REFUNDABLE EXCEPT
`WHERE
`THE
`LAW
`REQUIRES
`THAT
`THEY
`ARE
`REFUNDABLE.”
`https://www.playstation.com/en-us/network/legal/terms-of-service/
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`6
`Crawford, et al. v. Sony Interactive Entertainment LLC, Class Action Complaint
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`Case 3:20-cv-01732-LB Document 1 Filed 03/11/20 Page 7 of 23
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`32.
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`One example of a game designed to entice minors into making in-game purchases is
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`Fortnite. As of the writing of this complaint, it is estimated that there are 200 million users of the
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`game Fortnite.7
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`33.
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`Epic Games, Inc. (“Epic”) is a developer and publisher of computer games and
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`gaming software.
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`34.
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` Epic developed and published the battle royal genre online multi-player video game
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`Fortnite.
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`35.
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`36.
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`Fortnite was first released in a limited manner in October 2013.
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`Fortnite was released broadly on July 25, 2017, but it wasn’t until September 26,
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`2017 that Fortnite’s free-to-play “Battle Royale” game mode was released to the public.
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`37.
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`Fortnite’s Battle Royale mode is a survival action game in which players team up to
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`battle each other until the last team stands, while interacting with the environment in the game by
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`gathering resources and building fortified structures to defend herself from the attacks of enemies.
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`38.
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`39.
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`Fortnite’s Battle Royale mode is free to download and play.
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`However, players in Fortnite need to buy V-Bucks, a type of virtual token, to make
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`in-game purchases that include, but not limited to, “skins” for the players’ characters and the game
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`feature known as the Battle Pass.
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`40.
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`According to Epic’s website, the Battle Pass is “a method Battle Royale players can
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`use to gain access to exclusive challenges and in-game rewards.”
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`41. While using the Battle Pass, players in the Battle Royale mode earn Battle Stars that
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`represent the player’s rank or level, which allows to further have access to different rewards.
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`7 https://www.statista.com/statistics/746230/fortnite-players/
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`Case 3:20-cv-01732-LB Document 1 Filed 03/11/20 Page 8 of 23
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`42.
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`The purpose of the skins or different costumes the players’ characters can use is
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`merely cosmetic.
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`consumers and parents of the in-game purchase features, directly inducing minors to make in-game
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`43.
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`Epic markets the Fortnite video game as free to play without warning adult
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`purchases without authorization from their parents or legal guardians.8
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`44.
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`Brandi Crawford is the mother and natural parent of C.R.B. and is a citizen of
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`Mississippi.
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`45.
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`At all times relevant to the events described in this complaint, C.R.B. was a 10 year-
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`old and a minor according to California law. Cal. Fam. Code § 6500.
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`46.
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` C.R.B.. made an account with the PlayStation Network all by himself without his
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`parents’ authorization that required among other things, selecting a user name and password,
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`providing contact and other information, and agreeing with the PlayStation Network Terms of
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`Service and User Agreement.
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`47.
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`48.
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`C.R.B. used his mother’s debit card to pay for the PlayStation Network services.
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`The PlayStation Network User Agreement provides that in order to agree with the
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`terms of service, the user must be an adult according to the state or country registered on the
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`account.9
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`49.
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`C.R.B. downloaded the Fortnite video game onto his PlayStation 4 and used the free
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`Battle Royale mode of the game.
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`8https://www.youtube.com/watch?v=2gUtfBmw86Y
`9 https://www.playstation.com/en-us/network/legal/terms-of-service/
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`Crawford, et al. v. Sony Interactive Entertainment LLC, Class Action Complaint
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`Case 3:20-cv-01732-LB Document 1 Filed 03/11/20 Page 9 of 23
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`50.
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`C.R.B. used his mother’s debit card without her permission and spent more than a
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`thousand dollars ($1,000) purchasing Fortnite V-bucks, using his PlayStation 4 through his
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`PlayStation Network account.
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`51.
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`Plaintiff sought a refund of the charges from Defendant and was denied.
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`52.
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`53.
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`SIE is the owner and administrator of the PlayStation Network and Store services.
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`The PSN User Agreement establishes that all transactions made through the service
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`are non-refundable except as required by law.
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`54.
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`Plaintiff’s minor’s unauthorized V-bucks purchases are subject to California law’s
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`right to disaffirmance since it was a minor who made the purchases using credit and debit cards
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`without his parents’ authorization. Cal. Fam. Code § 6710.
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`55.
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`SIE’s transactions with minors also necessarily involve entering into contracts with
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`minors regarding property that is fundamentally not in the minors’ possession or control, since SIE
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`collects funds from debit cards, credit cards, PayPal accounts, or other sources, some of which are
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`not in the minor’s possession or control. In fact, some of the funds are in the possession and control
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`of, invariably, the minor’s parents and the card issuers.
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`56.
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` On information and belief, other minors seeking to disaffirm agreements with SIE
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`are denied the right to disaffirmance from the V-bucks purchase transactions. SIE states in the User
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`Agreement that all transactions are non-refundable, even with respect to minors, despite a minor’s
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`right to disaffirm the agreement under California law.
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`57.
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`As set forth above, SIE makes it nearly impossible for minors to obtain refunds for
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`their transactions.
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`58.
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`Plaintiff has lost money and been injured and suffered violations of California law
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`in connection with V-bucks purchase transactions that are either void or voidable under California
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`Law.
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`Crawford, et al. v. Sony Interactive Entertainment LLC, Class Action Complaint
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`Case 3:20-cv-01732-LB Document 1 Filed 03/11/20 Page 10 of 23
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`59.
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`Plaintiff’s experience with SIE is like that of other parents of minors who have
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`purchased V-bucks in the Fortnite video game through the PSN and Store.
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`similar manner to Fortnite in that minor users make in-game purchases in conjunction with those
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`60.
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`On information and belief, Defendant has numerous other games which operate in a
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`games. Once again, minors often make such purchases without the permission of their parents,
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`using their parents’ debit or credit card without permission.
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`61.
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`SIE offers Apps in many genres, including travel, business, education, finance,
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`entertainment and gaming. Games are the most downloaded of all genres. Apps can be downloaded
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`for free, or for a licensing fee, that ranges from $.99 to $9.99 or more. It is the gaming Apps that
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`SIE targets and sells to minor children that are the subject of this action.
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`62.
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`SIE is the sole conduit of Apps to be used on the PSN. Apps are either developed
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`by SIE or licensed to SIE by independent App developers. The App developers license their Apps
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`to SIE for sale to consumers, and SIE shares the revenues earned from the sale of the App, or from
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`the sale of In-App Purchases, with the App developer.
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`63.
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`SIE supervises and controls the function and operation of the Apps it sells. Before
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`an App is made available by SIE, SIE staff test the App and confirm its compliance with dozens
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`of rules that SIE unilaterally imposes. If SIE deems an App noncompliant with SIE’s rules, SIE
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`will not make the App available for sale.
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`64.
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`In all instances relevant to this action, the sale of the App and/or any Game Currency
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`is a transaction directly between SIE and the consumer. SIE, and SIE alone, is the provider of the
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`App to the user. SIE charges its customers’ credit (or debit) card or PayPal account, and no App
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`developer ever receives an SIE App customer’s credit (or debit) card number or PayPal account
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`information.
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`65.
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`Anyone can open an account to purchase (i.e. license) content from SIE. Opening
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`Case 3:20-cv-01732-LB Document 1 Filed 03/11/20 Page 11 of 23
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`an account requires, among other things, selecting a user name and password, providing certain
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`contact and other information, and agreeing to SIE’s Terms & Conditions. Users may then make
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`purchases in any of a number of ways, including supplying SIE with a credit or debit card number
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`or PayPal account. For users who specify credit or debit card or PayPal payment, SIE automatically
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`draws funds from the account holder’s credit or debit card or PayPal account.
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`66.
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`As alleged above, many games are targeted to young children, and are free or cost
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`a nominal charge to download. These games, however, are often designed solely to lure children to
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`purchase Game Currency in order to meet the objectives of the game. We sometimes refer to these
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`free Apps in this complaint as “bait Apps.”
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`67.
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`Such games, by design, are highly addictive. They were developed strategically to
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`induce purchases of Game Currency. For example, the game Fortnite is free to download. To
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`enhance the gaming experience, users can purchase V-Bucks which allow the user to obtain in-
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`game equipment and other enhancements. V-Bucks cost real money. Embedded in the Fortnite
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`bait App are various methods to purchase V-Bucks.
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`68.
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`SIE is aware that minors purchase V-Bucks from the online store. This is desired,
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`as Fornite is a tremendous moneymaker for SIE. Many children have purchased thousands of
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`dollars of Game Currency over the course of a brief period of time.
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`69.
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`Fortnite is by no means the only bait App that preys on minors in such a manner.
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`SIE offers many games that use the same bait-and-switch business scheme as Fortnite. SIE entices
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`children with a free download of a gaming platform that then offers the sale of irresistible Game
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`Currency in order to enjoy the game as it was designed to be “played.”
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`70.
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`The targeting of children by SIE and inducing them to purchase, without the
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`knowledge or permission of their parents, millions of dollars of Game Currency, is unlawful
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`exploitation in the extreme. Fortunately for the members of the Class, such purchases of Game
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`Currency constitute voidable contracts because they were entered into with minors.
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`it received from their minor children’s purchases of Game Currency.
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`71.
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`SIE has not offered to return to its account holders any of the millions of dollars
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`V. CLASS ACTION ALLEGATIONS
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`72.
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`Plaintiff brings this action as a class action for declaratory, equitable, and monetary
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`relief pursuant to Rules 23(b)(2) and (b)(3) of the Federal Rules of Civil Procedure on behalf of
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`the following Class:
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`All persons in the United States who paid for a purchase of Game Currency
`made by their minor children without their knowledge or permission (the
`“Class”). Excluded from the Class are SIE; any entity in which it has a
`controlling interest; any of its parents, subsidiaries, affiliates, officers,
`directors, employees and members of their immediate families; and members
`of the federal judiciary.
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`The members of the Class are ascertainable, and are so numerous that joinder is
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`73.
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`impracticable. Plaintiff believes there are thousands of members of the Class, whose names and
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`addresses are in SIE’s records.
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`74.
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`There are questions of law or fact common to the Class, and such questions
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`predominate over individual questions. SIE pursued a common course of conduct toward the Class
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`as alleged. This action arises out of a common nucleus of operative facts. Common questions
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`include:
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`(a) Whether SIE sold Game Currency;
`(b) Whether SIE sold Game Currency to minors;
`(c) Whether SIE knew that many gaming Apps it sells are designed to
`induce minors to purchase Game Currency;
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`(d) Whether SIE intended for minors to purchase such Game Currency without
`the knowledge or permission of the minors’ parents or guardians;
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`(e) Whether SIE’s sales to minors of Game Currency constitute voidable
`contracts;
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`(f) Whether SIE’s scheme to induce minors to purchase Game Currency
`violates California’s Consumers Legal Remedies Act, Cal. Civ. Code §
`1750, and Unfair Competition Law, Business & Professions Code § 17200
`et seq.;
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`(g) Whether SIE owed and breached a duty of good faith and fair dealing with
`respect to its contract with Plaintiff and the Class;
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`(h) Whether SIE was unjustly enriched by its scheme; and
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`(i) Whether Plaintiff and the Class have been damaged, and if so, in what
`amount.
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`75.
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`Plaintiff’s claims are typical of the claims of other members of the Class, and
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`there is no defense available to SIE that is unique to Plaintiff. Plaintiff paid more that $1,000
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`to SIE for purchases of Game Currency made by their minor children without their knowledge
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`or permission.
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`76.
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`Plaintiff will fairly and adequately represent the interests of the Class. Plaintiff has
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`no interests that are antagonistic to those of the Class. Plaintiff has the ability to assist and
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`adequately protect the rights and interests of the Class during the litigation. Further, Plaintiff is
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`represented by counsel who are competent and experienced in this type of class action litigation.
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`77.
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`This class action is not only the appropriate method for the fair and efficient
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`adjudication of the controversy, it is the superior method because:
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`(a)
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`(b)
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`(c)
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`The joinder of thousands of geographically diverse individual class
`members is impracticable, cumbersome, unduly burdensome, and a waste
`of judicial and litigation resources;
`There is no special interest by class members in individually controlling
`prosecution of separate causes of action;
`Class members’ individual claims are relatively modest compared with the
`expense of litigating the claim, thereby making it impracticable, unduly
`burdensome, expensive, if not totally impossible, to justify individual class
`members addressing their loss;
`(d) When SIE’s liability has been adjudicated, claims of all class members can
`be determined by the Court and administered efficiently in a manner that
`is far less erroneous, burdensome, and expensive than if it were attempted
`through filing, discovery, and trial of many individual cases;
`This class action will promote orderly, efficient, expeditious, and
`appropriate adjudication and administration of class claims to promote
`economies of time, resources, and limited pool of recovery;
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`Crawford, et al. v. Sony Interactive Entertainment LLC, Class Action Complaint
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`(e)
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`Case 3:20-cv-01732-LB Document 1 Filed 03/11/20 Page 14 of 23
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`(f)
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`This class action will assure uniformity of decisions among class
`members;
`(g) Without this class action, restitution will not be ordered and SIE will be able
`to reap the benefits or profits of its wrongdoing; and
`The resolution of this controversy through this class action presents fewer
`management difficulties than individual claims filed in which the parties
`may be subject to varying indifferent adjudications of their rights.
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`Further, class certification is appropriate because SIE has acted, or refused to
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`(h)
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` act, on grounds generally applicable to the Class, making class-wide equitable, injunctive,
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`declaratory and monetary relief appropriate. In addition, the prosecution of separate actions by or
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`against individual members of the Class would create a risk of incompatible standards of conduct
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`for SIE and inconsistent or varying adjudications for all parties. A class action is superior to other
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`available methods for the fair and efficient adjudication of this action.
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`VI. CALIFORNIA LAW APPLIES TO THE ENTIRE CLASS
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`79.
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`California’s substantive laws apply to every member of the Class, regardless of
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`where in the United States the class member resides. SIE imposes on its account holders a set of
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`Terms and Conditions that must be accepted before becoming an account holder and before
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`making any purchases or downloads from SIE’s Online Store. Among such Terms and Conditions
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`is the following:
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`The laws of the State of California, without regard to conflict-of-law rules,
`govern this agreement and any dispute between you and the Sony Entities.
`Any dispute not subject to arbitration and not initiated in small claims court
`may be brought by either party in a court of competent jurisdiction in either
`the Superior Courts for the State of California in and for the County of San
`Mateo or in the United States District Court for the Northern District of
`California. Each party submits itself to the exclusive jurisdiction and venue
`of those courts, and waives all jurisdictional, venue and inconvenient forum
`objections to those courts. In any litigation to enforce any part of this
`agreement, all costs and fees, including attorney's fees, will be paid by the
`non-prevailing party.
`Further, California’s substantive laws may be constitutionally applied to the claims
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`80.
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`of Plaintiff and the Class under the Due Process Clause, 14th Amend. § 1, and the Full Faith and
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`Case 3:20-cv-01732-LB Document 1 Filed 03/11/20 Page 15 of 23
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`Credit Clause, Art. IV § 1 of the U.S. Constitution. California has significant contact, or significant
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`aggregation of contacts, to the claims asserted by Plaintiff and all Class Members, thereby creating
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`state interests that ensure that the choice of California state law is not arbitrary or unfair.
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`SIE’s United States headquarters and principal place of business is located in
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`81.
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`California. SIE also owns property and conducts substantial business in California. Therefore
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`California has an interest in regulating SIE’s conduct under its laws. SIE’s decision to reside in
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`California and avail itself of California’s laws, and to engage in the challenged conduct from and
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`emanating out of California, renders the application of California law to the claims herein
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`constitutionally permissible.
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`82.
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`California is also the state from which SIE’s alleged misconduct emanated. This
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`conduct similarly injured and affected Plaintiff and all other Class Members.
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`83.
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`The application of California law to the Class is also appropriate under
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`California’s choice of law rules because California has significant contacts to the claims of
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`Plaintiff and the proposed Class, and California has a greater interest in applying its laws here
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`than any other interested state.
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`VII. CAUSES OF ACTION
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`FIRST CAUSE OF ACTION
`(Declaratory Judgment)
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`Plaintiff repeats and re-allege herein the foregoing allegations.
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`All Game Currency that SIE presents for sale constitutes an offer to enter into a
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`All Game Currency purchased by a minor constitutes acceptance of SIE’s offer.
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`Every payment made by the members of the Class for the purchase of Game
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`84.
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`85.
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`sales contract.
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`86.
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`87.
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`Currency by their minor children constitutes consideration for the provision of the Game
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`Case 3:20-cv-01732-LB Document 1 Filed 03/11/20 Page 16 of 23
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`Currency.
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`of the three elements of a contract, i.e., offer, acceptance and consideration.
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`88.
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`Accordingly, all transactions that are the subject of this Complaint are possessed
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`89.