City of Glendale v. Marcus Cable Associates, LLC

INTRODUCTION

As explained below, pursuant to Code of Civil Procedure section 2033.420 (section 2033.420), under certain circumstances, a party to a civil action that denies a pretrial request for admission without a reasonable basis can be ordered to pay to the propounding party the reasonable expenses incurred— including attorney fees and costs — in proving the matter covered by the request (costs of proof). Plaintiff, appellant, and cross-respondent City of Glendale (Glendale) appeals from a postjudgment order granting, in part, a motion by defendant, respondent, and cross-appellant Marcus Cable Associates, LLC, doing business as Charter Communications, Inc. (Charter), to recover such costs of proof under section 2033.420. Charter cross-appeals from that portion of the trial court’s order denying, in part, its motion.

We hold that the limitation on remedies in 47 United States Code section 555a(a) (section 555a(a)) precluded the trial court from awarding Charter costs of proof under section 2033.420. We therefore reverse that portion of the trial court’s order granting, in part, Charter’s motion for recovery of costs of proof and remand the matter to the trial court…