Cundiff v. GTE California Inc

In Cundiff v. GTE California Inc. (2002) 101 Cal.App.4th 1395, the Court allowed a lawsuit to proceed against telephone companies that allegedly had been deceptively charging customers hidden phone rental charges. (Cundiff v. GTE California Inc, supra, 101 Cal.App.4th at pp. 1406-1407.) The court affirmed the limits imposed by section 1759, holding that "section 1759 defines and limits the power of courts to pass judgment on, or interfere with, what the PUC does." (101 Cal.App.4th at p. 1405.) However, the court found that the plaintiffs were not challenging the companies' rates, but only their billing practices, and thus "would not have the effect of reversing, correcting or annulling any decision or order of the commission ... ." (Id. at p. 1411.)