Belton

Belton v. Comcast Cable Holdings, LLC

Caution
151 Cal. App. 4th 1224·2007 Cal. App. LEXIS 947·60 Cal. Rptr. 3d 631
Court of Appeal of CaliforniaJune 8, 2007A112591California8,674 words

Opinion

Opinion

Stein, J.

Thomas Belton and Larry Hall (hereafter plaintiffs) are subscribers to cable service provided by Comcast Cable Holdings, LLC (Comcast). They appeal from a judgment entered in Comcast’s favor after the court granted Comcast’s motion for summary adjudication with respect to plaintiffs’ causes of action for unfair competition (Bus. & Prof. Code, § 17200) and violation of the Unruh Civil Rights Act (Civ. Code, § 51; the Act). The court also dismissed, pursuant to Civil Code section 1781, subdivision (c)(3), the remaining cause of action alleging violation of the Consumers Legal Remedies Act, Civil Code section 1750 et seq. (CLRA).

We shall affirm the judgment.

Facts

The amended complaint alleged that plaintiffs are residents of Sonoma County and subscribers to Comcast cable services. Larry Hall is legally blind. All of the causes of action were premised upon the common allegation that Comcast offered FM or music services to Sonoma County residents only as a part of a basic cable tier package that included television cable service. Plaintiffs alleged that this practice forced them to purchase television cable services that they did not want because they had no other…

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