Cellphone Termination Fee Cases, No. A122765
In a class action lawsuit against Sprint alleging that cell phone handsets sold by the defendant-company secretly had been locked with programming locks to prevent the use of the phones on other services providers' networks, judgment of the trial court is affirmed where: 1) because the trial court's ruling accorded too large a role to objecting class members in the fee setting process, the trial court abused its discretion in refusing to approve the fee arbitration provision where it had already determined that the range of possible fee awards was reasonable and that there was no evidence of collusion by the parties to the settlement; but 2) defendant has failed to show actual prejudice resulted from determination of the amount of the attorney fee award by the court rather than by the arbitrator selected by the parties.
Filed January 4, 2010
Opinion by Judge Simons
For Appellee: Bramson, Plutzik, Mahler & Birkhaeuser, LLP, Robert M. Bramson, Alan R. Plutzik and L. Timothy Fisher; Law Offices of Scott A. Bursor and Scott A. Burson