UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 DAVID COTTRELL, Case No. 19-cv-07672-JCS
Plaintiff,
ORDER REGARDING MOTION TO
v. DISMISS IN PART FIRST AMENDED
COMPLAINT
AT&T INC., et al., Re: Dkt. No. 42 Defendants.
I. INTRODUCTION Plaintiff David Cottrell alleges that Defendants AT&T Inc., DIRECTV, LLC (“DirecTV”), and Pacific Bell Telephone Co. (collectively, “AT&T”) enrolled him in a subscription service and charged him hundreds of dollars without his consent. AT&T moves under Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss four of Cottrell’s claims: his claim under the California Customer Records Act (the “CCRA”), because AT&T contends that Cottrell has not alleged a security “breach” as required for that claim; and his claims under the Unfair Competition Law (the “UCL”), for unjust enrichment, and for conversion, because Cottrell’s credit card company refunded the amount that AT&T charged him. The Court finds the matter suitable for resolution without…