GALLIVAN v. AT & T CORP.

No. B170830.

21 Cal.Rptr.3d 898 (2004)

124 Cal.App.4th 1377

Jennifer GALLIVAN, Plaintiff and Appellant, v. AT & T CORPORATION et al., Defendants and Respondents.

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

Review Denied March 30, 2005.


Attorney(s) appearing for the Case

Thomas T. Anderson, Samuel Trussell, Indio, and Michael Docherty, for Plaintiff and Appellant.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, Harvey I. Saferstein and Nada I. Shamonki, Santa Monica, for Defendants and Respondents.


DOI TODD, J.

The issue presented is whether the federal filed rate doctrine applies to a telephone charge that is included in a tariff voluntarily filed with the Federal Communications Commission (FCC). We find that it does and that the charge is therefore not subject to a claim for damages. The trial court's judgment of dismissal after sustaining a demurrer without leave to amend is affirmed.

FACTUAL AND PROCEDURAL BACKGROUND

On appeal from a judgment...

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