Knapp

Knapp v. AT&T Wireless Services, Inc.

Good Law
124 Cal. Rptr. 3d 565·195 Cal. App. 4th 932·2011 Cal. App. LEXIS 658
Court of Appeal of CaliforniaApril 25, 2011No. G043744California4,734 words

Opinion

Lead Opinion

Fybel, J.

*935 Opinion

INTRODUCTION

Plaintiff Julia Knapp, on behalf of herself and all others similarly situated, appeals from the trial court’s order denying her motion for class certification as to her claims against defendant AT&T Wireless Services, Inc. (AWS), for violation of the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.), violation of the Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq.), and fraud. Knapp’s claims are based on the allegation that AWS’s descriptions of its wireless service plans as providing a certain number of minutes each month for a certain rate were misleading in light of AWS’s billing practice of rounding up any partially used minutes for a call to the next full minute.

We affirm. Substantial evidence showed AWS did not make uniform representations to proposed class members. Instead, as we discuss in detail post, the evidence showed the determination whether AWS made any misrepresentations or otherwise engaged in any unfair, unlawful, or fraudulent conduct, would necessarily involve the resolution of individualized issues as to each class member. Thus, the trial court did not err in denying Knapp’s motion for class…

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