In an earlier-this-week filed lawsuit against Microsoft in Superior Court in Los Angeles, California attorney Andrew Sokolowski has claimed that the new Microsoft-branded Surface tablet falls short of delivering the amount of storage capacity which has been advertised by its maker.

Sokolowski, who owns the 32GB version of the end-October launched Surface RT tablet, said in his filing that after he had purchased the device and loaded it with content, he realized that device filled up to capacity rather too quickly; thereby implying that it apparently did not have all the 32GB storage capacity which Microsoft had claimed.

According to Sokolowski, who is seeking class-action status for the lawsuit, even though he had bought the $499-priced Surface RT version which was supposed to have 32GB data storage capacity, the pre-installation of Windows RT OS, as well as Microsoft Office apps, seemingly left the tablet with only 16GB of storage capacity.

Although Sokolowski is not seeking any damages via the lawsuit, he wants Microsoft to discontinue what he feels is a `misrepresentation' of the features - especially the storage capacity - of its Surface tablet. In addition, he also wants that the company should refund the buyers of the device.

Meanwhile, rebuffing Sokolowski's lawsuit as `baseless,' Microsoft clarified in a statement to the Associated Press: "Customers understand the operating system and pre-installed applications reside on the device's internal storage, thereby reducing the total free space."