Comcast of Los Angeles, Inc. v. Sandoval (In re Sandoval)

Good Law
2006 Bankr. LEXIS 539·341 B.R. 282
United States Bankruptcy Court, Central District of CaliforniaMarch 31, 2006Bankruptcy No. LA 05-24453SB; Adversary No. LA-05-02196-SBCalifornia5,396 words

Opinion

Lead Opinion

Bufford, J.

FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER TRIAL

I. INTRODUCTION

Creditor Comcast of Los Angeles, Inc. (“Comcast”) seeks a determination that its claim for statutory damages resulting from Debtor Jose Sandoval’s alleged violations of anti-piracy and anti-signal theft laws under California Penal Code § 593d is a nondischargeable debt under § 523. 1 Sandoval, a subscriber to Comcast’s basic cable service, was found with two cable converter boxes connected to his television sets, neither provided by Comcast, with hardwire alterations permitting him to decode all of Comcast’s premium and Pay per View cable transmissions.

Following trial, the court finds that Comcast has not provided sufficient evidence to show a violation of the statute. The court further finds that Comcast has not presented sufficient evidence to establish a prima facie case that its claim for statutory damages is nondischargeable. Consequently, any debt owing to Comcast by reason of the cable boxes is discharged.

II. RELEVANT FACTS

There are two sets of facts relevant to this case — the facts presented at trial, and background facts about the operations of the cable television industry.

A. Facts of This…

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