Ayyad

Ayyad v. Sprint Spectrum

Good Law
148 Cal. Rptr. 3d 709·2012 Cal. App. LEXIS 1127·210 Cal. App. 4th 851·2012 WL 5305692
Court of Appeal of CaliforniaOctober 29, 2012No. A133824California4,947 words

Opinion

Lead Opinion

Needham, J.

In Cellphone Termination Fee Cases (2011) 193 Cal.App.4th 298 [ 122 Cal.Rptr.3d 726 ] we affirmed a December 2008 *854 judgment in favor of plaintiffs 1 in this long-running class action against Sprint Spectrum, L.P. (Sprint). We also affirmed the trial court’s order granting Plaintiffs a partial new trial on the issue of Sprint’s actual damages and the calculation of a setoff to which Sprint might be entitled. (Id. at pp. 303, 330.) In our disposition, we remanded for further proceedings limited to those issues. (Id. at p. 330.)

When the matter returned to the trial court, Sprint moved to compel arbitration of all of the named plaintiffs’ claims, the very same claims that had been resolved by our affirmance of the December 2008 judgment. The trial court refused to entertain Sprint’s motion. It ruled that its jurisdiction on remand was restricted to the issues specified in the dispositional language of our earlier opinion.

Sprint now appeals from the denial of its motion to compel arbitration. We conclude that the trial court properly refused to hear Sprint’s motion, because doing so would have exceeded its jurisdiction on remand. Accordingly, we affirm the trial…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.