Golden Sedan Service, Inc. v. Airport Limousine Service of Sunnyvale, Inc.

This appeal is taken by plaintiff Golden Sedan Service, Inc. (hereinafter Golden Sedan) from a judgment entered by the trial court against it and in favor of defendant Airport Limousine Service of Sunnyvale, Inc. (hereinafter Airport Limousine).

Evidence produced at a trial by the court revealed that Golden Sedan commenced operation in 1960 as a limousine service, operating without *362 a Public Utilities Commission (hereinafter P.U.C.) certificate of convenience and necessity. The business was incorporated in 1966 and the new corporation applied for a certificate to operate as a passenger stage that same year. The certificate of public convenience and necessity was subsequently granted in 1969. Mr. Ray De Noon, former president and 100 percent shareholder of Golden Sedan, testified that from 1960 until 1969 Golden Sedan was operating an airport limousine service without said certificate of public convenience and necessity and was charging its passengers on an individual fare basis. De Noon stated that he was told by the P.U.C. to continue operating from 1966 to 1969 pending a decision on the application. He said that it was P.U.C. policy that if an application was…