Davidian

This is an action by plaintiff dentist for damages for alleged negligence by defendant telephone company in omitting plaintiff’s name (and other information) from the “Yellow Pages” of the San Luis Obispo telephone directory, published in 1969. Plaintiff appeals from a judgment of dismissal entered after defendant’s demurrer to his complaint was sustained without leave to amend.

Appellant contends that a tariff rule filed by defendant company with the Public Utilities Commission (referred to as Rule 17(B), Cal. P.U.C. No. 36-T), which was in effect when plaintiff contracted with defendant for the “listing” of plaintiff’s name (and other information) in the directory, did not limit the liability of defendant for damages for the alleged negligence.

The complaint alleged in substance: Defendant prints telephone directories which include a subscriber’s name, occupation, specialty, address, and telephone number; and the directories are “disseminated” to the general public. In August 1969 plaintiff and defendant entered into an oral contract whereby defendant agreed to publish, in the “Yellow Pages” of a directory, the following information: plaintiff’s name, under a column…