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NET2PHONE, INC. v. SUPERIOR COURT

No. B162210.

135 Cal.Rptr.2d 149 (2003)

109 Cal.App.4th 583

NET2PHONE, INC., Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent. Consumer Cause, Inc., Real Party in Interest.

Court of Appeals of California, Second District. Division 5.

Review Denied August 27, 2003.

Attorney(s) appearing for the Case

Goldberg and Goldberg, Lawrence A. Goldberg; Greines, Martin, Stein & Richland and Timothy T. Coates, Los Angeles, for Petitioner.

No appearance for Respondent.

Morse Mehrban and Law Offices of Morse Mehrban, Los Angeles, for Real Party in Interest.

ARMSTRONG, J.

In this mandamus proceeding, we hold that where a private plaintiff which has itself suffered no injury files a representative action under California's unfair competition law (UCL) (Bus. & Prof.Code, § 17200 et seq.) alleging that certain of defendant's contractual provisions subject its customers to an "unlawful, unfair or fraudulent business ... practice" and the contract contains a forum selection provision, the plaintiff is bound by that...

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