PATEL v. SOUTHERN CALIFORNIA WATER COMPANY

No. G023360.

119 Cal.Rptr.2d 119 (2002)

97 Cal.App.4th 841

Amrit PATEL et al., Plaintiffs and Appellants, v. SOUTHERN CALIFORNIA WATER COMPANY et al., Defendants and Respondents.

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

As Modified May 13, 2002.


Attorney(s) appearing for the Case

Palmieri, Tyler, Wiener, Wilhelm & Waldron and Bruce W. Dannemeyer, Santa Ana, for Plaintiffs and Appellants.

O'Melveny & Myers, James W. Colbert, III, Los Angeles, and Todd A. Green for Defendant and Respondent Southern California Water Company.

Quinn, Emanuel, Urquhart, Oliver & Hedges and Harold W. Hopp, Redwood Shores, for Defendant and Respondent Smart SMR of California, doing business as Nextel Communications.

Gray, Cary, Ware & Freidenrich, William N. Kammer and Mary A. Lehman, San Diego, for Defendant and Respondent Cox Communications PCS, L.P.


OPINION

SILLS, P.J.

I. Introduction

The real question raised by this appeal is whether a public utility has the power of eminent domain to take private property for a purpose, say, simply making money, that is unrelated to the actual service the utility provides the public. The answer is, of course, no. Accordingly, we affirm a judgment based on the conclusion that when a water company allowed two cell phone companies to use a water-related...

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