Bower

Bower v. AT&T Mobility, LLC

Good Law
127 Cal. Rptr. 3d 569·196 Cal. App. 4th 1545·2011 Cal. App. LEXIS 851
Court of Appeal of CaliforniaJune 29, 2011No. B223364California4,747 words

Opinion

Lead Opinion

Rothschild, J.

Jessica Bower appeals from the judgment entered after the trial court sustained without leave to amend the demurrer of AT&T Mobility, LLC, AT&T Inc. and AT&T Corporation (collectively, AT&T) in this action based on Bower’s alleged payment of $15.50 as part of her purchase of a cellular telephone. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Bower’s Original Complaint

On July 17, 2009, Bower filed a class action complaint against AT&T on behalf of herself individually and other AT&T customers alleging causes of action for violation of Civil Code section 1750 et seq., the Consumers Legal Remedies Act (CLRA); unlawful, unfair and fraudulent business practices under Business and Professions Code section 17200 (section 17200); and false or misleading advertising under Business and Professions Code section 17500 (section 17500). Bower based her causes of action on allegations that, on January 27, 2009, she had purchased a cellular telephone from AT&T, retailing at $399, at a discounted rate of $199, on the condition that she enter a wireless service agreement with AT&T for a two-year period. Although Bower purchased the telephone at the discounted rate, she was required…

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