235 Cal. App. 4th 344
Cal. Ct. App.2015Background
- Glendale sues Charter over realignment of Glendale's PEG channels; TRO sought to prevent realignment.
- Charter filed a cross-complaint seeking declarations about I-Net, free services, possession, and PEG fee issues.
- Following trial, the court ruled in Charter's favor on several I-Net issues and on PEG fee remedies.
- Charter appealed the summary adjudications and post-trial rulings; Glendale cross-appealed certain judgment aspects.
- After judgment, Charter moved to recover costs of proof under Civ. Proc. Code § 2033.420; Glendale opposed arguing 555a(a) precludes such relief.
- The trial court partially granted Charter’s costs-of-proof motion; the parties timely appealed/cross-appealed this aspect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 47 U.S.C. § 555a(a) preclude costs of proof under § 2033.420? | Glendale argues § 555a(a) bars damages, including attorney fees and costs. | Charter contends § 555a(a) does not preclude costs of proof; those costs are not damages or discovery sanctions. | Yes; § 555a(a) precludes costs of proof under § 2033.420. |
| Are costs of proof under § 2033.420 damages or discovery sanctions? | Glendale contends the costs are allowed discovery sanctions or not recoverable as damages. | Charter contends they are permissible under § 2033.420 and not barred as damages. | Costs of proof under § 2033.420 are damages-relief barred by § 555a(a). |
Key Cases Cited
- Jones Intercable v. City of Chula Vista, 80 F.3d 320 (9th Cir. 1996) (555a(a) precludes money damages against franchising authorities)
- Coplin v. Fairfield Pub. Access TV Comm., 111 F.3d 1395 (8th Cir. 1997) (555a(a) damages prohibition applies to attorney's fees and costs)
- Brennan v. William Paterson College, 34 F. Supp. 3d 416 (D.N.J. 2014) (555a(a) precludes monetary relief; discusses scope of damages and fees)
- Estate of Manuel, 187 Cal.App.4th 400 (Cal. App. 2010) (distinguishes costs of proof from discovery sanctions; recovers against party, not attorney)
- American Federation of State, County, & Municipal Employees v. Metropolitan Water Dist., 126 Cal.App.4th 247 (Cal. App. 2005) (requests clarifying admissibility and pretrial matters; context for discovery sanctions)
- Stull v. Sparrow, 92 Cal.App.4th 860 (Cal. App. 2001) (section 2033.420 expenses relate to substantial importance and good faith efforts)
- Brooks v. American Broadcasting Co., 179 Cal.App.3d 500 (Cal. App. 1986) (admissible admissions and related expenses framework)
- City of Glendale v. Marcus Cable Associates, LLC, 231 Cal.App.4th 1359 (Cal. App. 2014) (prior ruling on § 555a(a) damages prohibition and offset issues)