Alvarez

Alvarez v. T-MOBILE USA, INC.

Good Law
822 F. Supp. 2d 1081·2011 WL 4566440·2011 U.S. Dist. LEXIS 111784
United States District Court, Eastern District of CaliforniaSeptember 29, 2011CIV S-10-2373 WBS GGHCalifornia3,672 words

Opinion

Opinion

Hollows, J.

ORDER

Previously pending on this court’s law and motion calendar for August 25, 2011, was plaintiffs motion to compel further responses to arbitration related discovery. Jenelle Welling represented plaintiff. Kristine McAlister Brown appeared for defendant. After reviewing the pertinent papers and hearing oral argument, the court now issues the following order.

BACKGROUND

This is a putative class action concerning California residents who purchased unlimited cell phone data plans. Plaintiff claims T-Mobile deceptively advertised unlimited data on these plans but imposed an undisclosed cap on the amount of data subscribers could use. When the cap was exceeded, plaintiff received a text informing him that he exceeded the cap, and defendant imposed restrictions in his use for the remainder of the month. Claims are for violations of the Consumer Legal Remedies Act (“CLRA”), the Unfair Competition Law (“UCL”), and the False Advertising Law (“FAL”). Defendant T-Mobile removed this case from Yolo Superior Court, jurisdiction presumably based upon 28 U.S.C. § 1332 (d) (class action removal).

Because Alvarez did not timely opt out of the arbitration provisions in his service contract,…

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