Pusateri

Plaintiff Heritage Cablevision of California, Inc., sued defendant Ron Pusateri in the municipal court for civil liability under Penal Code section 593d (unauthorized connection to cable television system) and conversion. The trial court rendered judgment for defendant following a court trial. It disposed of the section 593d cause of action by granting defendant’s pretrial motion for judgment on the pleadings. The motion rested upon plaintiff’s failure to allege that defendant had been convicted of violating section 593d. Plaintiff appealed from the judgment to the appellate department of the superior court seeking review of the order granting defendant’s motion. The appellate department reversed the judgment and certified the opinion for publication. We then ordered a transfer to this court after determining that transfer appeared necessary in order to secure uniformity of decision and to settle an important question of law. (Cal. Rules of Court, rule 62(a).) We reverse the municipal court’s judgment.

Background

Plaintiff provides cable television service within Santa Clara County. Defendant is a subscriber to the service at a basic rate that does not include premium…