Lovejoy
Lovejoy v. AT&T CORP.
Opinion
Opinion
Callahan, J.
One of the fastest growing subjects of consumer complaints is the practice of “slamming,” wherein one telephone carrier company surreptitiously gains control over the service provided by another without notice to the customer. Slamming is prohibited by the law of this state. (Pub. Util. Code, § 28B9.5.) In this case, plaintiff Robert Lovejoy, individually and doing business as Lovejoy Drilling, filed a lawsuit claiming that defendant AT&T Corporation (ATT) “slammed” his toll-free 800 number and that he lost his business as a result.
Plaintiff appeals from a judgment in favor of ATT after the trial court granted ATT’s motion for judgment on the pleadings, dismissing his complaint which alleged a single count of fraud. ATT has filed a protective cross-appeal, urging that, even if the judgment on the pleadings was erroneously granted, it should have gotten out of the case earlier on a motion for summary judgment.
We will conclude that the trial court erred in granting the motion for judgment on the pleadings, and that the order denying ATT’s motion for summary judgment was correct. We will reverse and remand with directions.