Murphy, Esq. v. Comcast Cable Communications Management, LLC
- Vince Chhabria
- 3:21-cv-06812
- U.S. District Court · Northern District of California
- 1
In Murphy v. Comcast, Judge Chhabria granted Comcast’s motion to dismiss with leave to amend because the complaint lacked a valid or adequately pleaded claim.
The plaintiffs’ complaint was dismissed on Comcast’s motion, but they were allowed to file an amended complaint. Murphy could not prosecute a class action without a lawyer, and Comcast was required to respond to any amended complaint within 21 days after filing.
What happened
In Murphy, Esq. v. Comcast Cable Communications Management, LLC, Comcast removed the case to federal court and asked the court to dismiss the complaint. The court agreed to grant the motion, allowing the plaintiffs to amend their complaint.
The court said California law does not recognize an “injury/illness” claim and that the complaint did not include the basic elements of negligence or breach of contract. It also said the allegations were vague and incoherent. In addition, the court ruled that Murphy, who is not a lawyer, could not prosecute a class action without a lawyer.
Judge Vince Chhabria ordered that an amended complaint be filed within 21 days of the order, and that Comcast respond within 21 days after the amended complaint is filed.
The detailed version
- Murphy, Esq. v. Comcast Cable Communications Management, LLC · No. 3:21-cv-06812
- Vince Chhabria
- Oct. 19, 2021
Background
Comcast removed the case to the U.S. District Court for the Northern District of California and filed a motion to dismiss. The opinion identifies Shannon O. Murphy, Esq., and other plaintiffs as the plaintiffs, and Comcast Cable Communications Management, LLC, as the defendant.
Reasons for the ruling
The court granted Comcast’s motion to dismiss with leave to amend. It gave several reasons:
- California state law does not recognize a cause of action called “injury/illness.” - The form complaint did not allege the basic elements required for claims of negligence or breach of contract. - The allegations that were included were vague and incoherent. - Murphy, whom the court described as a non-lawyer, could not prosecute a class action without a lawyer. The court cited Simon v. Hartford Life, Inc. for that point.
Next steps ordered
The court ordered that an amended complaint be filed within 21 days of the order. Comcast must respond within 21 days after the amended complaint is filed. The opinion does not state that the case was dismissed with prejudice or without prejudice; it states only that the motion to dismiss was granted with leave to amend.
Judge
Judge Vince Chhabria issued the order on October 18, 2021.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.