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L.A. CELLUAR TELEPHONE v. SUPERIOR COURT

No. B119775.

76 Cal.Rptr.2d 894 (1998)

65 Cal.App.4th 1013

LOS ANGELES CELLULAR TELEPHONE COMPANY, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Marcia Spielholz, Real Party in Interest.

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

Review Denied October 21, 1998.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, James R. Martin, Steven E. Sletten, J. Andrew Chang, Robert H. Wright, Los Angeles, Ford, Walker, Haggerty & Behar, Jeffrey S. Behar, Long Beach, and Tina I. Mangarpan, for Petitioner.

Thelen, Marrin, Johnson & Bridges, Helen J. Lauderdale, Los Angeles, AT & T Communications of California, Inc., Jonathan H. Krotinger, San Francisco, Pacific Telesis Group-Legal and Bart Kimball, Los Angeles, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Hiepler & Hiepler, Mark O. Hiepler and James D. McGinley, Oxnard, for Real Party in Interest.

Carl Hilliard as Amicus Curiae on behalf of Real Party in Interest.

MIRIAM A. VOGEL, Associate Justice.

Two men followed a woman. She tried to use her cell phone to reach 911 but could not get a connection. One of the men shot her. She sued her cellular service provider for damages, alleging negligence, fraud and false advertising. The cellular provider (a public utility) moved for summary adjudication of one of its affirmative defenses, pointing to a limitation of liability provision included in a tariff it had filed with the Public...

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