Duggal
Duggal v. G.E. Capital Communications Services, Inc.
Opinion
Opinion
Perez, J.
Plaintiffs Oliver Duggal; Starfire Financial Services, Inc.; Michael Hauser, both individually and doing business as Global-Tel; and U.S. Refill-It, doing business as Supply Distribution Network, appeal from the judgments entered for defendants AT&T Corp. and G.E. Capital Communications Services, Inc., after their demurrers to the third amended complaint were sustained without leave to amend. For the reasons set forth below, we affirm.
Facts and Procedural History
These consolidated appeals arise from the practice of reselling long-distance telephone services provided by defendant and respondent AT&T Corp. (ATT). ATT sells phone time in bulk at a discounted rate to various resellers, including defendants Future Telcom, Inc. (Telcom), and Global-wise Communications, Inc. (Globalwise). Those entities then resell the long-distance services to smaller customers, passing along only a portion of the volume discount received from ATT in order to make a profit.
Between August 1994 and January 1995, plaintiffs and appellants Starfire Financial Services, Inc. (Starfire), Global-Tel, and U.S. Refill-It, doing business as Supply Distribution Network (Supply Network) entered…