California Court of Appeal

Peterson v. Cellco Partnership, G038728

Judgment dismissing plaintiffs' case with prejudice after the court sustained defendant's demurrers is affirmed where: 1) plaintiffs failed to allege sufficient facts to support their standing to bring an unfair competition claim; and 2) plaintiffs' unjust enrichment claim was based on alleged Insurance Code violations for which no private right of action exists, and plaintiffs received the benefit of the bargain.

Appellate Information

• Decided 06/26/2008
• Published 07/21/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Callahan, McCune & Willis, Robert W. Thompson, and Douglas A. Wright, Tustin, for Plaintiffs and Appellants.


• For Appellees:
  
• Jones Day, Thomas R. Malcolm, Marc K. Callahan, Edward S. Chang, Irvine, for Defendant and Respondent.