Laster

Laster v. T-MOBILE USA, INC.

Good Law
407 F. Supp. 2d 1181·2005 WL 3610616·2005 U.S. Dist. LEXIS 40742
United States District Court, Southern District of CaliforniaNovember 30, 200505 CV 1167 DMS(AJB)California6,686 words

Opinion

Opinion

Sabraw, J.

ORDER: (1) DENYING T-MOBILE AND CINGULAR WIRELESS’ MOTION TO COMPEL ARBITRATION AND TO STAY PROCEEDINGS; (2) GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ UCL AND FAL CLAIMS WITHOUT PREJUDICE; AND (3) GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ CLRA CLAIM FOR DAMAGES WITH PREJUDICE

[Docs. Nos. 24, 28, 32, 36]

In this putative class action, Plaintiffs assert that Defendants — cellular phone companies and other entities involved with the sale of wireless telecommunication services — have engaged in the unfair and deceptive practice of charging consumers sales tax on the full retail value of cellular phones that were advertised as “free” or at substantial discounts, in violation of California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code § 17200, et seq., and False Advertising Law (“FAL”), Cal. Bus. & Prof.Code § 17500, et. seq. In addition, based on these alleged violations, Plaintiffs seek damages and injunctive relief under the Consumer Legal Remedies Act (“CLRA”), Cal. Civ.Code § 1770, et. seq.

Presently before the Court are two motions. First, Defendants T-Mobile USA, Inc. (“T-Mobile”) and Cingular Wireless (“Cingular”) have filed separate motions to…

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