California Court of Appeal

In plaintiffs' proposed class action, claiming that defendant cell phone providers violated the Unfair Competition Law by selling "bucket plans" without informing consumers how the length of each telephone call would be calculated, trial court's partial grant of defendants' motion for sanctions against plaintiffs and plaintiffs' counsel for certain conduct during a deposition is affirmed for the most part, but the portion of the court's order that awards monetary sanctions related to anticipated costs of a future deposition is reversed and remanded as the court did not have the authority to award sanctions for further deposing the plaintiff at issue because defendants had not "incurred" those expenses within the meaning of section 2023.030(a).

Appellate Information

• Decided 07/29/2010
• Published 07/29/2010

Judges

• Jones, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• J. David Franklin, Michael J. Stortz