Ball v. GTE Mobilnet of California (2000)

[Modification fn. * of Opinion (81 Cal.App.4th 529) on denial of petition for rehearing.]

SUSANNE BALL et al., Plaintiffs and Appellants, v. GTE MOBILNET OF CALIFORNIA et al., Defendants and Respondents.

THE COURT. fn. † -

It is ordered that the opinion filed in this case on June 8, 2000, be modified in the following particulars:

1. On page 22, the first full paragraph [81 Cal. App. 4th 543, advance report, 3d full par.] beginning with the words, "Through their generically-phrased injunction requests," and ending with the words, "831 F.2d at pp. 632-634.)" is deleted.

2. On page 22, the first two sentences of the second full paragraph [81 Cal. App. 4th 543, advance report, last par., and p. 544, lines 1-2], beginning with the words, "In any event, plaintiffs have alleged" and ending with the words "(injunctive relief and perhaps monetary relief as well)." are deleted.

3. On page 22 [81 Cal. App. 4th 544, advance report, line 5], the following language shall be inserted following the words, "disclosure of non-communication time charges" (nondisclosure as an unfair or unlawful business practice under Business & Professions Code section 17200 et seq.), and a sufficient remedy as part of that action (injunctive relief). (See Comcast Cellular, supra, 949 F.Supp. at p. 1201.)

4. On page 22 [81 Cal. App. 4th 544, advance report], following the text inserted above, add as footnote 4 the following footnote:

4 At this juncture, we express no views on the possibility of restitution as a remedy. (See Comcast Cellular, supra, 949 F.Supp. at p. 1201; see and compare Day v. A & T Corp., supra, 63 Cal.App.4th at pp. 336-340, with Tenore v. AT&T Wireless SVCS, supra, 962 P.2d at pp. 108-115; see also In re Long Distance Telecommunications Litigation, supra, 831 F.2d at pp. 632-634.)[81 Cal. App. 4th 1204e]

This modification does not change the judgment.

The petitions for rehearing by appellants Susanne Ball and Virginia Gordon; and respondents Pacific Bell Mobile Services, Los Angeles Cellular Telephone Company, AirTouch Communications, Inc., AirTouch Cellular, Los Angeles SMSA Limited Partnership, and Sacramento Valley Limited Partnership are denied. fn. 1

FN *. This modification requires movement of text affecting pages 543-544 of the bound volume report.

FN †. Before Blease, Acting P.J., and Davis, J.

FN 1. The denial of Los Angeles Cellular Telephone Company's petition for rehearing includes the joinders by Bay Area Cellular Telephone Company, Cagal Cellular Communications Corporation, Napa Cellular Telephone Company, Salinas Cellular Telephone Company, AT&T Wireless Services, Inc., Stockton Cellular Telephone Company, Sacramento Cellular Telephone Company, Redding Cellular Partnership, Fresno Cellular Telephone Company, Santa Barbara Cellular Telephone Company and Ventura Cellular Telephone Company.