ECKERT v. BAY AREA CELLULAR TELEPHONE CO.

No. A085000.

102 Cal.Rptr.2d 880 (2001)

85 Cal.App.4th 1369

George W. ECKERT, et al., Plaintiffs and Appellants, v. BAY AREA CELLULAR TELEPHONE COMPANY, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

Ordered Not Officially Published May 16, 2001.


Attorney(s) appearing for the Case

Arthur D. Levy, Levy, Ram & Olson LLP, Wayne Lewis Lesser, San Francisco, for Appellants.

Keker & Van Nest, L.L.P., Steven A. Hirsch, San Francisco, for Respondent.


SEPULVEDA, J.

This appeal arises from litigation centering on defendant's alleged practice of failing to disclose discounted wireless telephone rates for customers with impaired hearing. A demurrer without leave to amend was sustained by the trial court on the ground it lacked subject matter jurisdiction over the cause. We agree the threshold jurisdictional question is dispositive and affirm.

The controlling issue may be framed as follows. In a suit under...

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