Google Secures Summary Judgment in Apps Class Action
San Francisco – August 17, 2026 – Cooley secured a summary judgment win for its client Google in a class action pending since 2022. The case involved a certified class of users who alleged that Google breached certain terms of use when it discontinued the free version of Google Apps in 2022 after providing it to certain users since 2006.
At summary judgment, Judge P. Casey Pitts of the US District Court for the Northern District of California found that the contract permitted Google to terminate the free version of Google Apps, and that it was not unfair for Google to do so under California’s Unfair Competition Law. He entered summary judgment for Google on all claims and on a classwide basis.
Although the court certified a nationwide class in June 2025, at summary judgment, the court adopted Google’s interpretation of the agreements in full. It held that the contractual promise to provide the free version of Google Apps was subject to an express right to terminate the provision of the software to any user “at any time and for any reason.” Because the contracts expressly authorized Google to discontinue the service, the court granted summary judgment on the breach-of-contract claim.
The court then found that the plaintiff’s California Unfair Competition Law claim fell with the contract claim. The court held that Google’s conduct could not be characterized as “unfair” when the parties’ contracts expressly authorized it. The court separately found that the named plaintiff lacked standing to pursue a theory based on alleged misrepresentations because he had not shown that he relied on any of Google’s prior statements outside of the contract.
The Cooley team was led by partners Whitty Somvichian, Kristine Forderer, Bobby Earles and Chris Andrews, along with associates Alex Cubaleski, Joyce Rodriguez-Luna and Elias Garcia.
The case is Rabin v. Google LLC (US District Court for the Northern District of California, No. 5:22-cv-04547-PCP).
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