Civic Center Drive Apartments Ltd. Partnership v. Southwestern Bell Video Services

Good Law

295 F. Supp. 2d 1091·2003 WL 22940564·2003 U.S. Dist. LEXIS 22147

United States District Court, Northern District of CaliforniaNovember 19, 2003C-02-2955 JCSCalifornia7,321 words

Opinion

Spero, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT [Docket No. 90]

I. INTRODUCTION

On Friday, October 17, 2003 at 9:30 a.m., a hearing was held on Defendant’s Motion For Partial Summary Judgment (“the Motion”). At the request of the Court, Defendant filed a supplemental brief on November 3, 2003. For the reasons stated below, the Motion is GRANTED IN PART and DENIED IN PART.

II. BACKGROUND

A. Facts

Plaintiff Civic Center Drive Limited Partnership (“Civic Center”) owns Civic Center Apartments, located in Fremont, California. Declaration of Dan Rigney (“Rigney Decl.”) at ¶ 4. Plaintiff North Ninth Street Limited Partnership (“North Ninth”) owns an apartment complex called The Esplanade, in San Jose, California. Id. Defendant, Southwestern Bell Video Services, Inc. (“SBVS”), contracts with owners of apartment complexes and other multi-dwelling units to provide multi-chan-nel video and audio services to residents by way of satellite transmission. Declaration of Allen Foster in Support of Defendant’s Motion for Partial Summary Judgment (“Foster Decl.”) at ¶ 4. To do this, SBVS installs and maintains various equip ment, including twin cable,…

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