Class Action And Damages Allegations Out; Equitable Allegations In.

Plaintiffs claimed wireless telephone companies made material misrepresentations regarding the number of usable minutes in subscriber plans. The trial court sustained defendants’ demurrer to the class action allegations, but overruled it with regard to the causes of action seeking injunctive relief under the UCL [Business and Professions Code §17200 et seq.].  The court stated:  “Regardless of whether Plaintiffs are able to pursue claims for individual damages or class restitution, the adequacy of Defendants’ disclosures of the contested billing practice, and whether at least some members of the public are likely to be deceived are not issues that can be resolved as a matter of law on demurrer.”  Tucker v. Pacific Bell Mobile Services (Cal. App. First Dist., Div. 5;  August 7, 2012) 208 Cal.App.4th 201.