United States Ninth Circuit

In a class action brought against AT&T Wireless based on its disclosures relating to its billing practices for cellular services, an order denying in part and granting in part plaintiff's class certification motion is reversed in part where: 1) the district court erred in granting class certification of a California Consumer Legal Remedies Act (CLRA) claim based on the inclusion of an unconscionable clause in an agreement; and 2) certification of an Unfair Competition Law (UCL) claim based on unlawful conduct required reversal, as it was dependent on the CLRA claim.

Appellate Information

• Argued 06/04/2007
• Decided 09/20/2007
• Published 09/20/2007

Judges

• ROBART, District Judge:, Before:  CYNTHIA HOLCOMB HALL and CONSUELO M. CALLAHAN, Circuit Judges, and JAMES L. ROBART, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• J. Paul Gignac (argued) and Katherine Donoven, Arias, Ozzello & Gignac, LLP, Santa Barbara, CA, and Peter Bezek and Robert A. Curtis, Foley Bezek Behle & Curtis, LLP, Santa Barbara, CA, for the plaintiff-appellee-cross appellant., James C. Grant (argued) and Kelly Twiss Noonan, Stokes Lawrence, P.S., Seattle, WA, and Mark E. Weber and Gabriel J. Pasette, Gibson, Dunn & Crutcher, LLP, Los Angeles, CA, for the defendant-appellant-cross appellee.