City of Los Angeles v. Cellco Partnership

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CITY OF LOS ANGELES ex rel. No. 2:17-cv-00810-TLN-AC

RICHARD KNUDSEN,

12 Plaintiff, ORDER v. 14 CELLCO PARTNERSHIP dba VERIZON WIRELESS; and DOES 11-20, Defendants. 17 18 This matter is before the Court pursuant to Defendant Cellco Partnership dba Verizon Wireless’s (“Defendant”) Motion to Dismiss Plaintiff’s Consolidated Complaint in Intervention. (ECF No. 67.) Plaintiff City of Los Angeles (“Plaintiff”) filed an opposition. (ECF No. 70.) For the reasons set forth below, the Court hereby GRANTS in part and DENIES in part Defendant’s Motion to Dismiss. (ECF No. 67.) /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff contracted with Defendant for wireless airtime, wireless data, and equipment. (ECF No. 1-2 ¶ 1.) Plaintiff alleges Defendant agreed to provide Plaintiff with rate plan optimization on a quarterly or routine basis. (ECF No. 1-2 ¶¶ 2, 4.) Moreover, Plaintiff alleges Defendant was to…