Ting
Ting v. AT & T
Opinion
Opinion
Zimmerman, J.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
In this action, defendant American Telephone and Telegraph Company (“AT & T”) is being sued by its California customers for attempting to impose a new contract containing provisions which allegedly violate California contract and consumer protection laws. The complaint was filed in Alameda County Superior Court the day before the new contract was to start taking effect. Defendant immediately removed the action to this court, invoking this court’s jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1332. Plaintiffs’ motions for a temporary restraining order and for a preliminary injunction were denied. Following stipulation of the parties, this case was certified as a class action pursuant to Fed. Rule Civ. P. 23(a) & (b). Trial commenced on November 13, 2001. Having considered and weighed all the evidence and having assessed the credibility of the witnesses, I now make these findings of fact and conclusions of law as required by Fed. Rule Civ. P. 52(a).
A. THE PARTIES
1. Plaintiff DARCY TING is a California resident over the age of 18 residing in Berkeley, California. She is presently an AT & T long distance customer, and has been one since…