Comcast of Sacramento I, LLC v. Sacramento Metropolitan Cable Television Commission

MEMORANDUM AND ORDER RE: MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT

Plaintiffs Comcast of Sacramento I, Comcast of Sacramento II, and Comcast of Sacramento III brought this action against defendant the Sacramento Metropolitan Cable Television Commission, seeking return of a security deposit provided by plaintiffs’ predecessor-in-interest to defendant some thirty-three years ago. (Compl. (Docket No. 1).) Plaintiffs now move for summary judgment against defendant, and defendant cross-moves for summary judgment against plaintiffs. (Pis.’ Mot. (Docket No. 21); Def.’s Cross-Mot. (Docket No. 22).)

I. Factual and Procedural Background 1

Plaintiffs are mutually affiliated limited liability companies which provide cable *619 television service in Sacramento County. (See Docket No. 18; Deck of Lee-Ann Peling (“Peling Decl.”) ¶ 2 (Docket No.,21-2); Defi’s Mot., Mem. (“Def.’s Mem.”) at 1 n.3, 12 (Docket No. 22-1).) Defendant is a municipal authority which “administer[s] and enforce[es] cable television franchises and licenses” in Sacramento County. (Deck of Robert Davison ¶ 2 (Docket No. 22-3).)

In 1984, plaintiffs’ .predecessor-in-interest (“predecessor”) provided a $250,000 deposit to…