Los Angeles Cellular Telephone Co. v. Superior Court

Two men followed a woman. She tried to use her cell phone to reach 911 but could not get a connection. One of the men shot her. She sued her cellular service provider for damages, alleging negligence, fraud and false advertising. The cellular provider (a public utility) moved for summary adjudication of one of its affirmative defenses, pointing to a limitation of liability provision included in a tariff it had filed with the Public Utilities Commission and contending its maximum liability for negligence was $5,000. The motion was denied and the provider filed a petition. We grant the petition.

Background

As Marcia Spielholz was driving through the Beverlywood area of Los Angeles, she was confronted by two men who tried to stage an accident. She drove off, dialing 911 on her cellular telephone as she tried to get away. She could not secure a connection, and dialed again and again without success. The men followed in their car, first tailing her, then passing and pulling in front of her car, and ultimately forcing her to stop. One of the men shot her in the face, causing severe and permanent injuries.

Spielholz sued Los Angeles Cellular Telephone Company (the provider of…