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America Online, Inc. v. Superior Court of Alameda County

90 Cal. App. 4th 1, 108 Cal. Rptr. 2d 699 (1st App. Cal. 2001)

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America Online, Inc. v. Superior Court of Alameda County

Court of Appeal of California

90 Cal. App. 4th 1, 108 Cal. Rptr. 2d 699 (1st App. Cal. 2001)

Facts

Al Mendoza, Jr., and others (plaintiffs) filed a class action suit in California state court against America Online, Inc. (AOL) (defendant), an Internet access provider located in Virginia. Mendoza alleged that AOL charged customers for service long after their subscriptions had been cancelled. The claimants asserted violations of California’s Unfair Business Practices Act and Consumer Legal Remedies Act (CLRA), common law conversion, fraud, and other claims. AOL moved to dismiss the complaint because forum-selection and choice-of-law clauses in the subscription service agreements provided that Virginia law governed any dispute. The trial court denied AOL’s motion to dismiss. AOL filed a petition for a writ of mandamus with the court of appeal.

Rule of Law

Issue

Holding and Reasoning (Ruvolo, J.)

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