[T-Mobile LG G2x] tombaker1:
sandiegopaneraguy: Have your read your lawsuit? I have. The screen is a major contention of what the problem is. You only have two contentions. Reboot and screen. You also claim that T-Mobile is not replacing the units, except later on in your complaint you state they are replacing units.

2. A defect in the LG P999 G2X mobile phones causes the phones to randomly freeze, crash, or shut down completely, rendering the phones inoperable and not fit for their intended purpose. The LG P999 G2X mobile phone also suffers from a defect that results in its screen "bleeding," or causing backlight to leak from parts of the phone's screen.

3. Defendant knew or should have known of the defects prior to selling or placing the LG P999 G2X phones into the stream of commerce.

30. This "bleeding" causes screen images to produce an unacceptably low quality display and detrimentally affects consumers' viewing experience especially when watching videos or playing games.

31. Although numerous LG P999 G2X consumers immediately reported the screen "bleeding" defect to defendant and/or their cellular service providers, neither Defendant nor any cellular service providers notified purchasers as potential consumers about this defect. Neither Plaintiff nor any reasonable consumers would have purchased the defective LG P999 G2X phones had they been aware of the screen "bleeding" defect.
​

Fatal flaw

Neither Plaintiff nor any reasonable consumers would have purchased the defective LG P999 G2X phones had they been aware of the screen "bleeding" defect.

---> Yet you did, and you kept that flaw

despite what you claim a reasonable customer would do.

Since your pleading is assumed to be true, you had no business at all, keeping the phone, when you clearly understood the defect as you claim. You had 30 days to return, and each day you reconfirmed your purchase as relate to the LCD. Your pleading is evidence that your claims and factual account are not in reality, factual.

1. You had a tweaked setup. The tweaked setup caused problems, you then restored to stock. HOWEVER, google retains your settings, when you started off with second phone, immediately your old (and non-working) tweaked settings were placed onto the new device. That combination of settings was most likely the problem, not the hardware and ROM

Basically you never rebuilt from scratch a G2x.. You were always using the settings that presented or were present with the original G2x. Its hard to explain why your device had issues while most others do not. But tweaking the settings is one.

BUT you were using your phone, as NOT its intended function. That your right. But its not LGs obligation to support rooted setups.

You did a factory restore, but you did not do a clean install. A clean install is well know in the Windows world, and its value.

You always understood the screen bleed issue, you claim you would not have purchased the phone if you knew about screen bleed prior to purchase. However faced with the phone's hardware, you continued to keep the phone past the 30 days. Your pleadings seem to want it both ways, you understood the problem, but still wanted to keep the phone.

There was no software update by LG that would have changed your screen.

Clearly you could have returned the phone, and done something different. Did you try to mitigate any damages to the contract you were in. Nope.

The entire predicament as you plead is cause by your willingness to keep the phone phone past the 30 days for a software solution.

I have posted that its critical to first install the new My Device update. I am going to guess you never updated installing that update.

Summary: You plead the immediate issue of screen bleed would have prevented you from buying the phone, yet you never returned the phone within the 30 day period specified by your contract. If you had clean hands you would have mitigated any damages then. You sought to keep the phone, for a new ROM fix, which you could not know the outcome. You never confirmed your 30 days per the contract were any different.

You caused your own problem, by keeping the phone, to which it was yours and only yours to return the phone.

You never had a clean install on the newest phone, instead you loaded all your previous settings, recreating the same software kludge, but just on different hardware. You are mystified that the same settings as handed down from a rooted phone, to a stock phone, and then again to new hardware, caused your problem.

I wonder how you can define a class, when the primary litigant does not have clean hand to using the phone to the intended purpose, and never cleanly installing or making settings on the new device, which you claim suffers.

A reasonable patron, would have returned the phone, played with new hardware, then return the entire package and get a different device. Nobody knows why you did not move on to a different phone in the 30 days, the screen was never going to change. Had you just returned the phone, you have no claims at all.

==============

You are suing someone else for the actions you willfully undertook. How does your actions in any way represent a class of individual. Your claims are unique to yourself.

How the lawyers are floating this one across to a Judge is pretty brave, for the consequences to their reputation.