One Los Angeles man is a little frustrated with the storage space on the Microsoft Surface. So much so, in fact, that he’s suing the company for false advertising and unfair business practices.

Yes, he’s a lawyer.

Andrew Sokolowski loaded music and documents onto his newly-purchased Surface, he realized that he had run out of space. He then found out that even though Microsoft lists 32 gigabytes of storage on its new tablet, 16 gigabytes of that are used for the operating system and pre-installed apps.

His response? Sokolowski has retained his own lawyers and they are seeking class action status at the Superior Court in Los Angeles. His lawyers want to compel Microsoft to change the way it advertises the Surface, and give back profits resulting from the false advertising.

On the main specs webpage, Microsoft lists the storage space as 32GB for the entry-level Surface. However, on its Surface FAQ page, the company clarifies that there is actually only 16GB of free hard disk space.

Previously on GeekWire: Surface Diary: Microsoft’s tablet finds a home in our house