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  5. 75 Cal.Rptr.3d 413 (2008)
 

CHAVEZ v. NETFLIX, INC.

Nos. A114334, A115395, A115571.

75 Cal.Rptr.3d 413 (2008)

162 Cal.App.4th 43

Frank CHAVEZ, Plaintiff and Respondent, v. NETFLIX, INC., Defendant and Respondent; Laura Ellis, Objector and Appellant. Frank Chavez, Plaintiff and Respondent, v. Netflix, Inc., Defendant and Respondent; David Meininger et al., Objectors and Appellants. Frank Chavez, Plaintiff and Respondent, v. Netflix, Inc., Defendant and Respondent; John Vogel, Objector and Appellant.

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

April 21, 2008.

Attorney(s) appearing for the Case

Daniel Brown, for Objector and Appellant Laura Ellis.

Steven F. Helfand, San Francisco, for Objectors and Appellants David Meininger et al.

Kendrick & Nutley, J. Garrett Kendrick, C. Benjamin Nutley, for Objector and Appellant John Vogel.

Gutride Safier Reese, Adam J. Gutride, Seth A. Safier, for Plaintiff and Respondent Frank Chavez.

Wilson Sonsini Goodrich & Rosati, Keith E. Eggleton, Rodney G. Strickland, Jr., Dale R. Bish, Palo Alto, for Defendant and Respondent Netflix, Inc.

MARGULIES, J.

Frank Chavez sued Netflix, Inc. (Netflix) over its practice of advertising that it would send customers "`unlimited'" DVD rentals with "1 Day Delivery" for a flat monthly fee. Alleging that both selling points were false, Chavez sought injunctive relief and damages on behalf of himself and a class of current and former Netflix subscribers. Before the class was certified, Netflix agreed to settle the class action by providing one month of free DVD rental...

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