Goodall's Charter Bus Service, Inc. v. San Diego Unified School District

I respectfully dissent.

Goodall’s filed a claim against the school district based on 18 United States Code section 2510 . The school district’s motion for summary judgment was granted. Goodall’s then attempted to amend its complaint to state a claim under 47 United States Code section 605 . The motion to amend was denied. This appeal followed.

Facts

Goodall’s and the school district entered into a contract for bus service. The school district wanted the bus company to install radios in its buses so that the school district could monitor the operation of the buses. GoodalPs refused to allow the school district to monitor the radios but went ahead and had them installed ¡For its own use. The' radios required special equipment to send and receive communications and a permit from the F.C.C. for operation on an assigned frequency. When Goodall’s was assigned the frequency, there was one other local business also assigned to the frequency. The school district acquired the frequency assignment from the Federal Communications Commission, purchased special equipment with which to monitor the frequency and began constant surveillance. Sometime later Goodall’s accidentally discovered the…

Goodall’s Charter Bus Service, Inc., appeals the judgment dismissing its lawsuit against the San Diego Unified School District (School District) after the court granted the School District’s motion for summary judgment and denied Goodall’s motion for leave to amend its complaint.

Goodall’s provides bus services under a contract with the School District. In order to improve service, in late 1974 or early 1975 during negotiations for the contract, the School District told Goodall’s it would be necessary for Goodall’s to install a two-way radio system for communication between its drivers and dispatchers. The School District also proposed to monitor these communications. Goodall’s agreed to install a radio system but did not consent to the monitoring. Goodall’s began providing bus services to the School District under the contract in June 1976. After obtaining a business radio frequency and a license from the Federal Communications Commission, Goodall’s installed and began *197 using a two-way radio system in its buses. The School District then learned Goodall’s frequency, bought a crystal tuned to that frequency, and placed it in the School District’s scanner. The School…

BROWN (Gerald), P.J.

Goodall's Charter Bus Service, Inc., appeals the judgment dismissing its lawsuit against the San Diego Unified School District (School District) after the court granted the School District's motion for summary judgment and denied Goodall's motion for leave to amend its complaint.

Goodall's provides bus services under a contract with the School District. In order to improve service, in late 1974 or early 1975 during negotiations for the contract, the School District told Goodall's it would be necessary for Goodall's to install a two-way radio system for communication between its drivers and dispatchers. The School District also proposed to monitor these communications. Goodall's agreed to install a radio system but did not consent to the monitoring. Goodall's began providing bus services to the School District under the contract in June 1976. After obtaining a business radio frequency and a license from the Federal Communications Commission, Goodall's installed and began using a two-way radio system in its buses. The School District then learned Goodall's frequency, bought a crystal tuned to that frequency, and placed it in the School District's…