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ARAL v. EARTHLINK, INC.

No. B177146.

36 Cal.Rptr.3d 229 (2005)

134 Cal.App.4th 544

Ozgur ARAL, Plaintiff and Respondent, v. EARTHLINK, INC., Defendant and Appellant.

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

November 29, 2005.

Attorney(s) appearing for the Case

Seyfarth Shaw, Kenneth L. Wilton, Los Angeles, Daniel M. Blouin, and Christopher F. Robertson, for Defendant and Appellant.

Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Albert Norman Shelden, Senior Assistant Attorney General, Ronald A. Reiter and Benjamin G. Diehl, Deputy Attorneys General, as Amicus Curiae on behalf of Plaintiff and Respondent.

Westrup Klick, R. Duane Westrup, Long Beach, Lawrence R. Cagney; Law Offices of Allan A. Sigel, Allan A. Sigel, Christine C. Choi, Los Angeles; Magana, Cathcart & McCarthy, Peter T. Cathcart, and Richard L. Bisetti, Los Angeles, for Plaintiff and Respondent.

CURRY, J.

Appellant EarthLink, Inc. appeals from an order denying its petition to compel arbitration of a putative statewide class action claim brought by respondent Ozgur Aral. The suit alleges that EarthLink charged fees to customers for Digital Subscriber Line (DSL) service for a period prior to providing customers with the equipment necessary to utilize the service. The complaint was brought under the Unfair Competition...

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