47 U.S.C. § 555a(a) Bars Fees Award Against City in California

From the California Court of Appeal, Second Appellate District, Division 5 regarding litigation by Charter Cable (Marcus Cable Associates) v. the City of Glendale, California:

As explained [in the decision], pursuant to Code of Civil Procedure section 2033.420 (section 2033.420), under certain circumstances, a party to a civil action that denies a pretrial request for admission without a reasonable basis can be ordered to pay to the propounding party the reasonable expenses incurred—including attorney fees and costs—in proving the matter covered by the request (costs of proof). Plaintiff, appellant, and cross-respondent City of Glendale (Glendale) appeals from a postjudgment order granting, in part, a motion by defendant, respondent, and cross-appellant Marcus Cable Associates, LLC, dba Charter Communications, Inc. (Charter) to recover such costs of proof under section 2033.420. Charter cross-appeals from that portion of the trial court’s order denying, in part, its motion.

We hold that the limitation on remedies in 47 U.S.C. § 555a(a) (section 555a(a))1 precluded the trial court from awarding Charter costs of proof under section 2033.420. We therefore reverse that portion of the trial court’s order granting, in part, Charter’s motion for recovery of costs of proof2 and remand the matter to the trial court with instructions to enter a new order denying Charter’s motion for recovery of costs of proof in its entirety.

Congrats to Bill Marticorena, Jeff Melching and Michelle Molko (Rutan & Tucker), attorneys for the City of Glendale.

You can download the full 17 page decision VIA THIS LINK.



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