Manibog
Manibog v. Mediaone of Los Angeles, Inc.
Opinion
Lead Opinion
Croskey, J.
*1368 Opinion
Plaintiff Darren Manibog challenges the validity of a late fee charged by defendant MediaOne of Los Angeles, Inc. (MediaOne), a cable television operator. He contends the $4.99 fee charged to delinquent accounts violates the $4.75 delinquency fee limit imposed by Government Code 1 section 53088.7. MediaOne contends the $4.99 fee includes two separate fees, a $4.75 delinquency fee and a $0.24 franchise fee, and does not violate the statute. Manibog appeals a summary judgment in favor of MediaOne. We reverse the judgment.
Factual and Procedural Background
Manibog is a cable television subscriber and Los Angeles resident. MediaOne provides cable television service to customers in Los Angeles under a franchise from the city. Under the franchise agreement and pursuant to state and federal law (§ 53066, subd. (c); 47 U.S.C. § 542 (b)), MediaOne pays the city a franchise fee equal to 5 percent of its gross revenue.
MediaOne charges customers who are delinquent on periodic payments a “late fee” in the amount of $4.99. Its rate card provided to customers states that the late fee includes a 5 percent franchise fee payable to the city. MediaOne notified Manibog in June…