Garabedian

Garabedian v. Los Angeles Cellular Telephone Co.

Good Law
118 Cal. App. 4th 123·12 Cal. Rptr. 3d 737·2004 Cal. App. LEXIS 640·2004 Daily Journal DAR 5162·2004 Cal. Daily Op. Serv. 3704
Court of Appeal of CaliforniaApril 29, 2004G031165California330 words

Opinion

Opinion

Rylaarsdam, J.

Plaintiffs Arthur Garabedian, Franklin & Franklin, and Anthony A. Ferrigno appeal from the grant of summary judgment in favor of defendants Los Angeles Cellular Telephone Company, Bell South Enterprises, Bell South Corporation, and AT&T Wireless Services, Inc. arising out of defendants’ alleged breach of a settlement agreement in a class action. Plaintiffs challenge the judgment on several grounds, including claims that collateral estoppel does not bar them from litigating defendants’ alleged breach and that there were triable issues of material fact. We find there were no triable issues as to causation or damages, and because we are affirming on that basis, have no need to discuss any additional arguments. We also deny defendants’ request for sanctions.

FACTS

The present case arises out of an earlier action in which plaintiff Garabedian filed a class action against several cellular telephone companies, including defendants. (The parties refer to that suit as Garabedian I, as will we in this opinion. A second suit, Garabedian II, was also filed. It was essentially identical to the first but covered a different time period. There are many references to it in the record…

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