Alicia Hoffman, Market Trading Inc., individually and behalf of all other persons similarly situated and on behalf of the general public v. AT&T Mobility LLC, a Delaware corporation formerly known as Cingular Wireless LLC; and Does 1 through 100 inclusive
Published: Jul. 23, 2009 | Result Date: Feb. 16, 2009 |Case number: 3:06-cv-01021-W-CAB Bench Decision – Defense
Court
USDC Southern District of California
Attorneys
Plaintiff
Patrick N. Keegan
(Keegan & Baker LLP)
Jonathan A. Brenner
(Judicate West)
James P. Frantz
(Frantz Law Group APLC)
Defendant
Christian D. Humphreys
(Dentons US LLP)
David L. Balser
(King & Spalding LLP)
Robert S. Brewer Jr.
(Seltzer Caplan McMahon Vitek)
Facts
On Feb 18, 2004, Alicia Hoffman entered into an agreement with Cingular Wireless LLC, now known as AT&T Mobility LLC, whereby she bought a cell phone and received 850 "anytime minutes" of call time with a rollover feature at a rate of $59.99 per month. Later, Market Trading Inc. was added to the service account. As lead plaintiffs in a class action, Hoffman and Marker Trading sued AT&T alleging breach of contract, violation of the Consumer Legal Remedies Act, and unfair business practices.
Contentions
PLAINTIFF'S CONTENTIONS:
Result
The court granted defendant's motion to dismiss holding that plaintiffs needed to allege damages.
Other Information
Plaintiffs have filed a notice of appeal.
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