A California lawyer is suing Microsoft due to the fact that he doesn't believe the Surface tablet he purchased doesn't contain the amount of storage the company advertised.

Andrew Sokolowski said today that he purchased a Surface with 32GB of storage last week but it quickly ran out of space after loading the device with Word documents and music.

After looking into the problem, according to the Associated Press, he learned that nearly half of his storage was being used by pre-installed apps and the operating system. Microsoft claims on their website that the 32GB Surface has over 16GB of space for people to add whatever they want to it, while the 64GB has 45GB of space.

Microsoft has yet to respond to the allegations.

Sokolowski filed the lawsuit Tuesday at the Superior Court in Los Angeles, and is seeking a class action lawsuit.

How The Surface Storage System Compares To Competition:

The storage on the Surface RT comes with a minimum of 32GB, though Microsoft claims on their site its closer to 16GB since they make you live with pre-installedapps.

A basic Apple iPad meanwhile comes with 16GB of storage advertised and this is with pre-installed apps and the operating system storage included.

Lesser known tablets such as the Acer's Iconia Tab A700 and the Asus's Transformer Pad Infinity TF700 come advertised with 32GB of storage like the Surface. Also like the Surface however, data and apps are already pre-installed on each device so this means so this means less storage capability.

Does He Have A Shot?

There is a good chance Sokolowski won't win his case against Microsoft considering the fact that they do warn customers on their website that people shouldn't expect 32GB of overall storage. He has a slight chance considering the iPad comes advertised with the amount of storage that will be available to customers when they could have done the same thing as Microsoft and said how much overall storage the device can contain.

Regardless of whether Sokolowski wins or loses the lawsuit, the company is going to have to examine the way the company goes about doing business. They should reconsider the way they advertise their products, consider training store workers to explain the amount of storage people can expect to get from a Surface device or just leave out pre-installed apps for the next device they produce.

No matter what the outcome is, it will be interesting to watch the case unfold in the next couple of weeks especially if he is able to get it turned into a class action lawsuit. Microsoft may just try to work something out with Sokolowski before things get that far, it would then be up to him to decide just how much of a statement he wants to make.

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