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GATTON v. T-MOBILE USA, INC.

Nos. A112082, A112084.

61 Cal.Rptr.3d 344 (2007)

152 Cal.App.4th 571

Bruce GATTON et al., Plaintiffs and Respondents, v. T-MOBILE USA, INC., Defendant and Appellant. Christina Nguyen et al., Plaintiffs and Respondents, v. T-Mobile USA, Inc., Defendant and Appellant.

Court of Appeal of California, First District, Division Five.

June 22, 2007.

Attorney(s) appearing for the Case

Franklin & Franklin and J. David Franklin, San Diego; Lerach Coughlin Stoia Geller Rudman & Robbins and Jacqueline E. Mottek, San Francisco; Bramson, Plutzki, Mahler & Birkheuser, Alan R. Plutzik, Walnut Creek, and Lawrence Timothy Fisher for Plaintiffs and Respondents.

Bingham McCutchen, Christopher B. Hockett, Thomas S. Hixson and Tanya King Dumas, San Francisco, for Defendant and Appellant.

CERTIFIED FOR PARTIAL PUBLICATION.*

GEMELLO, J.

In this consolidated appeal, T-Mobile USA, Inc. appeals from an order denying its motion to compel arbitration of actions challenging the early termination fee charged to cellular telephone service subscribers and challenging the practice of selling locked handsets that a subscriber cannot use when switching carriers. Mobile contends...

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