California Court of Appeal

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Elder v. Pacific Bell Telephone Co., A130718

In a class action against a telephone company and a billing service for "cramming"--the inclusion of allegedly unauthorized charges on subscribers' telephone bills--the trial court's sustaining of the defendants' demurrers without leave to amend is reversed, where: 1) the lawsuit would not hinder, frustrate, interfere with, or obstruct the Public Utilities Commission (PUC)'s regulatory authority or rulemaking on cramming, so the PUC did not have exclusive jurisdiction over the lawsuit; 2) the suit should not have been stayed or dismissed under the primary jurisdiction doctrine; and 3) there was no basis to dismiss on the ground that the allegations in the complaint were insufficient or uncertain.

Appellate Information

  • Decided 04/30/2012
  • Published 04/30/2012


  • Jenkins


  • California Court of Appeal


  • For Appellant:
  • John C. Ochoa, Jan T. Chilton