COX CABLE SAN DIEGO, INC. v. CITY OF SAN DIEGO

Docket No. D003687.

188 Cal.App.3d 952 (1987)

233 Cal. Rptr. 735

COX CABLE SAN DIEGO, INC., Plaintiff and Respondent, v. CITY OF SAN DIEGO, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

January 16, 1987.


Attorney(s) appearing for the Case

COUNSEL

John W. Witt, City Attorney, Ronald L. Johnson, Senior Chief Deputy City Attorney, Eugene P. Gordon, Chief Deputy City Attorney, Alejandro Matuk and Leslie J. Girard, Deputy City Attorneys, for Defendant and Appellant. Lloyd M. Harmon, Jr., County Counsel, Daniel J. Wallace, Chief Deputy County Counsel, and Leonard W. Pollard II, Deputy County Counsel, as Amici Curiae on behalf of Defendant and Appellant.

Ferris, Brennan & Britton, Christopher Q. Britton, Alfred G. Ferris and Tamara K. Fogg for Plaintiff and Respondent.


OPINION

BUTLER, J.

Plaintiff Cox Cable San Diego, Inc. (Cox), claiming Government Code1 section 53066.1, popularly called the Cable Rate Deregulation Act (the act), preempts local rate regulation of cable television, brought a declaratory relief action against the defendant City of San Diego (City) to determine its rights and duties under the 1979 franchise agreement with City. The court granted Cox's...

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