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DANIEL CUBERT v EARTHLINK INC Click to find out why . . .



Keywords & Phrases
CaseNo: DCVEI143568, CourtName: MISC 3, Plaintiff: DANIEL CUBERT, State: CA California, UniqueCaseRef: LCD>DCVEI143568, Dsl Service, Damages, Advertisements, California, Second Amended Complaint, Equitable Relief, Unfair Competition, Advertising, Connection, Market, Customers, Earthlink, Systems Capacity, Digital Subscriber, Technological Infrastructure, Internet Access, Representations, Professions Code, Misleading Advertising, Business Act, Connection Speeds, Performance Capabilities, Transmission, Stull, Inter Alia, Isp Facilities, Misrepresentations , ContentID: 120252923

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 128722
16 pages
PDF
Total Documents: 1 document , 16 pages
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1 . COMPLAINT

EXTRACTED KEY WORDS
PLAINTIFF
DAMAGES
ADVERTISEMENTS
CALIFORNIA
SECOND AMENDED COMPLAINT
EQUITABLE RELIEF
UNFAIR COMPETITION
ADVERTISING
CONNECTION
MARKET
CUSTOMERS
MEMBERS
EARTHLINK
DEFENDANTS
SYSTEMS CAPACITY
DIGITAL SUBSCRIBER
TECHNOLOGICAL INFRASTRUCTURE
INTERNET ACCESS
REPRESENTATIONS
PROFESSIONS CODE
MISLEADING ADVERTISING
BUSINESS ACT
CONNECTION SPEEDS
PERFORMANCE CAPABILITIES
TRANSMISSION
STULL
INTER ALIA
ISP FACILITIES
MISREPRESENTATIONS
 1 Michael D. Braun (167416)
      Timothy J. Burke (181866)
 2 Marc L. Godino (182689)
      STULL, STULL & BRODY
 3 10940 Wilshire Boulevard
      Suite 2300
 4 Los Angeles, CA 90024
      (310) 209-2468
 5 Attorneys for Plaintiff
 6

 7

 8

 9                            SUPERIOR COURT OF THE STATE OF CALIFORNIA

10                                   FOR THE COUNTY OF LOS ANGELES

11

12 DANIEL CUBERT, Individually and on Behalf )          CASE NO. BC236216
      of All Other Persons Similarly Situated,    )
13                                                )     CLASS ACTION
                      Plaintiff,                  )
14                                                )     SECOND AMENDED COMPLAINT FOR
              v.                                  )     DAMAGES AND EQUITABLE RELIEF
15                                                )
      EARTHLINK, INC., and DOES 1 through and )         JURY TRIAL DEMANDED
16 including 100,                                 ))    Assigned to:        Hon. Victoria G. Chaney
17                    Defendants.                 )     Department:         311
      _____________________________________ )           Complaint Filed:    09/01/00
18                                                )

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SNIPPETS:
  • STULL, STULL & BRODY
  • SECOND AMENDED COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
  • marketing and unfair competition in connection with the offering of digital subscriber line
  • an extremely competitive growth market, blitzed the California public with advertising
  • 11 personnel to adequately provide the level of DSL service advertised to its customers.
  • 14 Earthlink DSL customers.
  • 18 In the aggregate the Class damages exceed the jurisdictional minimum of this Court.
  • Earthlink is a leading Internet service provider,
  • 26 access and related value-added services to individual and business members.
  • 28 employees of and/or affiliated with the defendants and whose identities are unknown to
  • 23 competition through the sale and subscription of DSL Internet access services throughout
  • 26 connection speeds and performance capabilities materially different than that actually
  • that it did not have the technological infrastructure, systems capacity or personnel to
  • 28 is already set up for this analog wave transmission, it is easier to utilize this
  • POP's and ISP facilities and, thus, erect a telecommunication infrastructure sufficient to
  • 12 Internet access represented in the marketing materials and advertisements to Plaintiff,
  • 19 above constitute untrue and misleading advertising and therefore constitute violations of,
  • 20 Business & Professions Code §17500,
  • 24 advertised, constitutes unfair competition and unfair, deceptive, untrue or misleading
  • 15 misrepresentations, and engage in a corrective advertising campaign to disclose that
  • proscription against engaging in an unlawful business act or practice.
  • 12 constitute representations that the goods and services in question have characteristics,
  •    |