Morgan

This appeal involves a consumer class action alleged against defendant AT&T Wireless Services, Inc. (AT&T), based upon AT&T’s marketing and sale of premium cell phones that operated on a wireless network that AT&T allegedly modified in a manner that rendered those premium cell phones essentially useless. What started as a 13-page original complaint alleging causes of action under the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.), the false advertising law (FAL) (Bus. & Prof. Code, § 17500 et seq.), the Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq.), and for fraud and declaratory relief, morphed into a 47-page third amended complaint (alleging the same causes of action), after the trial court sustained AT&T’s successive demurrers on the ground that the complaint lacked the requisite specificity. Finding the plaintiffs’ theory of recovery obscured by extraneous allegations in the third amended complaint, and concluding that plaintiffs still failed to identify with particularity any actionable misrepresentations made by AT&T, the trial court sustained AT&T’s demurrer to the third amended complaint without leave to amend.

Plaintiffs…