• Pasadena Porn Case Update


    LOS ANGELES (CNS) – A judge said today she was inclined to deny a motion by Sprint Corp. subsidiary Nextel of California Inc. to force arbitration of a man’s lawsuit, alleging a phone he bought from a company retail store in Pasadena contained pornography seen by his underage son.

    Los Angeles Superior Court Judge Michelle Rosenblatt, however, said she wanted to study the issues more before finalizing her tentative ruling. She said she wanted to assess the impact of newly named defendants in the case, given that they also favor arbitration.

    On March 24, Rosenblatt denied Nextel’s first attempt to force arbitration, saying the company had not met its burden to show that the plaintiff, Arsen Garibyan, signed an agreement agreeing to have any disputes decided by an arbitrator rather than in the courts.

    In his court papers, Garibyan’s attorney stated that his client recalled “signing something for the phones, but he has no recollection of what the document was.”

    Garibyan filed the lawsuit last Oct. 1 on behalf of his son against Sprint and Nextel of California, alleging breach of contract, fraud, breach of the implied warranty of merchantability and negligent infliction of emotional distress. The complaint also alleges the phone was used rather than new, as Garibyan thought.

    According to the complaint, Garibyan bought two phones along with a cellular service plan in October 2011 at the Sprint store on Lake Avenue. He says the phones were packaged in new boxes with original instructions and manuals.

    After Garibyan and his son returned home, the boy used one of the phones to play games, according to the complaint.

    “After a few minutes, (the boy) started asking, ‘Daddy, what is this?,”‘ the suit states. “When Mr. Garibyan looked at the telephone in (his son’s) hand, to his shock, horror and disgust, (the child) was looking at pornographic photos and videos contained on one of the newly purchased phones.”

    The images were of a male and a female sales representative the father recognized from the same Sprint store where he bought the phones, according to the suit.

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    1 Comment for this article
    Added: May 28, 2014. 4:34 PM

    Woohoo! Got a whole lot more interesting there at the end. It’s one thing to have a used phone that someone downloaded some porn on. A WHOLE NOTHER ENCHILADA when the sales reps are shooting their OWN PORN with it! I’m gonna check out THAT store for sure!

     
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