Salvaty
Salvaty v. Falcon Cable Television
Opinion
Opinion
Woods, J.
The issue in this case is whether a telephone company and cable television company had to secure a private property owner’s consent before cable television equipment was installed on a telephone pole situated on the telephone company’s easement on the property. We find that no such consent was required as the cable equipment was within the scope of the easement which the telephone company apportioned to the cable company.
Benjamin B. Salvaty and Marion R. Salvaty are appealing the dismissal of their second amended complaint after the trial court sustained without leave to amend the demurrers of respondents Falcon Cable Television (Falcon) and Pacific Telephone and Telegraph Company (Pacific). Amici curiae briefs have been filed on Falcon’s behalf by the California Cable Television Association and by Tele-Communications, Inc.
Appellants’ second amended complaint contained causes of action for inverse condemnation, trespass, nuisance, unfair business practices as proscribed by Business and Professions Code section 17200, and false and fraudulent misrepresentation as proscribed by Business and Professions Code section 17500.