BLAU v. AT&T Mobility

Full title: FREDRICK M. BLAU, Plaintiff, v. AT&T MOBILITY, ET AL., Defendants

Court: United States District Court, N.D. California

Date published: Oct 28, 2011

No. C 11-00541 CRB (N.D. Cal. Oct. 28, 2011)

Opinion

No. C 11-00541 CRB.

October 28, 2011

ORDER GRANTING IN PART MOTION TO DISMISS

CHARLES BREYER, District Judge

For the reasons stated from the bench, the Court GRANTS in part Defendant's Motion to Dismiss as to Plaintiff Anthony Tran, see dkt. 37, such that:

1. The fraud claims are DISMISSED with leave to amend;

2. The fraud by concealment claim is DISMISSED with leave to amend;

3. The CLRA claim is DISMISSED with prejudice;

4. The breach of contract claims are DISMISSED with leave to amend;

5. The MMWA claim is DISMISSED with prejudice;

6. The FCA § 201(b) claim is DISMISSED with prejudice; and

7. The RICO claim is DISMISSED with leave to amend.

Plaintiff has 45 days to amend his Complaint.

IT IS SO ORDERED.