Morgan v. AT&T Wireless Services, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, even where notice is not provided before CLRA damages are sought, dismissal with prejudice is not required, and the prayer for damages may be reinstated as soon as notice has been provided and 30 days have elapsed without cure
• holding \a fraudulent 26 business practice is one that is likely to deceive members of the public\
• stating that “the statute expressly allows such an amendment, as long as it is done 30 days or more after filing of the original complaint and compliance with the notice requirement”
• stating that, 11 when a plaintiff violates a technical CLRA notice requirement, California courts dismiss the 12 CLRA claims without prejudice “until 30 days or more after the plaintiff complies with the 13 notice requirement”
• explaining that dismissal with prejudice is - 22 - not required where it is not necessary to further the purpose of providing defendant with an opportunity to correct the alleged wrong before a lawsuit is filed
• declining to dismiss where thirty days had passed without any correction to the alleged misconduct

Source: CourtListener parenthetical corpus (CC0).