Citations
- 114 Cal. App. 4th 642
Full opinion text
Opinion
HOLLENHORST, J.
On September 13, 2000, the City of Riverside (City) and Williams Communications, Inc. entered into a license agreement. The agreement allowed Williams to install fiber optic cable in conduit laid in the streets of Riverside in consideration of the payment of $1.50 per foot of conduit. The payment due under the agreement totaled $750,103. Williams paid that sum and then filed this action to recover it. After a court trial, the trial court found that the payment was legal and that Williams was not entitled to refund of the $750,103. Williams appeals. We reverse.
FACTS
The parties stipulated to the following relevant facts: “Williams Communications received the certifications and authorizations provided for in all orders and decisions of the California Public Utilities Commission which refer to Williams Communications by name. [][] Williams Communications installed conduit, fiber optic cable, and related equipment (‘facilities’) in streets in the City of Riverside, [f] Williams Communications is a nondominant interexchange carrier and has been licensed as such at all relevant times by the CPUC. [f] The facilities are part of Williams Communications’ statewide and nationwide fiber optic network, [f] Issuance of a permit was required for construction of the facilities, The City of Riverside did not deposit said sum [sic] of $750,103 in a separate capital facilities account. [