Anderson

Anderson v. Time Warner Telecom of California, Inc.

Good Law

129 Cal. App. 4th 411·2005 Cal. App. LEXIS 768·2005 Daily Journal DAR 5541·28 Cal. Rptr. 3d 289·2005 Cal. Daily Op. Serv. 4052

Court of Appeal of CaliforniaMay 13, 2005F045332California2,809 words

Opinion

Levy, J.

This proceeding stems from complaints for trespass and ejectment filed by Henry P. Anderson and by Kent Stephens, Dixie Stephens, and Neal Harding, trustee of the Marko Scott Zaninovich, Andrew Thomas Zaninovich and Morgan Zaninovich living trusts (collectively Stephens), against Time Warner Telecom, Inc. (TWI). Anderson and Stephens (appellants) alleged that TWI was not authorized to install, operate and maintain a fiber optic network within the county road easements and therefore was trespassing on their property. Thereafter, respondent, Time Warner Telecom of California, L.P. (TW California), was added to both complaints as a Doe defendant.

TW California moved for summary judgment on the ground that the fiber optic network was authorized under Public Utilities Code section 7901. That section grants telephone companies the right to use the public highways to install their facilities. The trial court agreed and granted TW California’s motion.

As discussed below, the trial court was correct. TW California is a telephone corporation and its fiber optic cables are used for telecommunication. Further, installation and maintenance of the fiber optic cables are within the…

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