California Court of Appeal

In a class action suit against wireless telephone companies alleging material misrepresentations to the consuming public as to the actual number of usable airtime minutes in advertised subscriber rate plans, in violation of the unfair competition law (UCL) and the false advertising law, the judgment of the district court is affirmed in part and reversed in part where: 1) the trial court was justified in determining that there was a lack of commonality of issues to support a class treatment of the fraud and Consumer's Legal Remedies Act claims; but 2) the trial court erred in sustaining demurrer, without leave to amend, as to the plaintiffs' causes of action for unlawful business practices, unfair business practices, and fraudulent business practices in the amended complaint to the extent that those claims seek injunctive relief under the UCL.

Appellate Information

• Decided 08/07/2012
• Published 08/07/2012

Judges

• Bruiniers

Court

• California Court of Appeal

Counsel