California Court of Appeal

In case involving broadband services, including cable television, judgment for defendant is affirmed over claims that the trial court erred in denying plaintiff's petition for writ of mandate as: 1) the real party district lacks legal authority to provide cable television services; 2) defendant violated its statutory duty to determine whether there was a need for the proposed services and the services could be provided on a fiscally sound basis; and 3) defendant violated its duty to conduct an independent determination of whether real party was authorized to provide broadband services.

Appellate Information

• Decided 04/03/2007
• Published 04/03/2007

Judges

• CANTIL-SAKAUYE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Coblentz, Patch, Duffy & Bass, LLP and Richard R. Patch, Gregg M. Ficks, San Francisco, and Sabrina L. Feve;  Diamond & Baker LLP and Craig A. Diamond, for Plaintiff and Appellant.


• For Appellees:
  
• Law Offices of P. Scott Browne, P. Scott Browne, Grass Valley, and Marsha A. Burch, for Defendant and Respondent., Law Office of Porter Simon, Steven C. Gross, Truckee;  Miller, Owen & Trost and Nancy C. Miller and Madeline E. Miller, for Real Parties in Interest and Respondents.