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KELLY v. BP WEST COAST PRODUCTS LLC

No. 2:14-cv-01507-KJM-CKD.

CHARLES KELLY, on behalf of himself and all others similarly situated, Plaintiff, v. BP WEST COAST PRODUCTS LLC and DOES 1-10, inclusive, Defendants.

United States District Court, E.D. California.

December 30, 2014.

Attorney(s) appearing for the Case

Charles Kelly, Plaintiff, represented by Matthew David Carlson , Carlson Legal Services.

BP West Coast Products, LLC, Defendant, represented by Isabelle Louise Ord , DLA Piper, LLP, Mark Allen Nadeau , Dla Piper Llp & Thomas Alexander Cierny , DLA Piper, LLP.

ORDER

KIMBERLY J. MUELLER, District Judge.

Charles Kelly purchased gasoline at the defendant's ARCO station. After he chose to pay with a debit card, an electronic display at the pump station warned Kelly he would be charged a $0.35 fee. He bought gas despite the fee and now has brought this action, alleging he was the victim of a bait-and-switch scheme. The defendant, BP West Coast Products LLC (BP), moves to dismiss the complaint. The court held a hearing...

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