LOS ANGELES (CBSLA.com) — A Los Angeles Superior Court judge signaled Sprint Corp. could end up in a legal battle over a phone bought from a Pasadena store which allegedly contained pornographic images seen by a minor.
KNX 1070’s Jon Baird reports Judge Michelle Rosenblatt said she wants to further study the issues at hand before denying a motion by Sprint subsidiary Nextel of California Inc. to force arbitration of a man’s lawsuit.
Arsen Garibyan filed the lawsuit last October against Sprint Corp. and Nextel of California Inc. on behalf of his son in Superior Court, alleging breach of contract, fraud, breach of the implied warranty of merchantability and negligent infliction of emotional distress following the purchase of two phones in October 2011.
The suit – which also claims the phone was used rather than new, as Garibyan had presumed — states that after Garibyan made the purchase at a Sprint store on Lake Avenue in Pasadena, his son discovered the images, including “full-body naked as well as genital-focused graphic pictures and videos” of Sprint Nextel sales representatives.
On March 24, Rosenblatt denied Nextel’s first attempt to force arbitration, saying the company had not met its burden to show that Garibyan signed an agreement agreeing to have any disputes decided by an arbitrator rather than in the courts.
Before finalizing her tentative ruling, the judge said she wanted to also assess the impact of newly-named defendants in the case, given that they also favor arbitration.
(©2014 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)