Time Warner Cable Inc., a Delaware corporation, Time Warner Cable Enterprises LLC, a Delaware limited liability company, as successor in interest to Time Warner Cable LLC, CAC Exchange I, LLC, CAC Exchange, II LLC, C-Native Exchange I, LLC, Time Warner Entertainment Company LP, and Time Warner NY Cable LLC; Time Warner Entertainment-Advance/Newhous
Published: Aug. 29, 2015 | Result Date: Jul. 23, 2015 | Filing Date: Jan. 1, 1900 |Case number: BC528475 Bench Decision – Plaintiffs
Court
L.A. Superior Central
Attorneys
Plaintiff
Douglas A. Amo
(Schmid & Voiles)
Timothy Gustafson
(Eversheds Sutherland (US) LLP)
Defendant
John F. Krattli
(Office of the County Counsel)
Facts
Time Warner Cable Inc. and several of its affiliated companies sued the County of Los Angeles and John Noguez, as Assessor of the County of Los Angeles in connection with a property tax dispute.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiff acquired 77 cable franchises from a third party in 2006, which defendants then reassessed. Defendants allegedly valued plaintiff's interests erroneously and illegally. After paying the taxes due, plaintiff filed this instant lawsuit seeking a tax refund. Plaintiff alleged that there was insufficient evidence to support the assessor's valuation.
DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and asserted various affirmative defenses.
Damages
Time Warner sought $10 million in tax refund.
Result
Ultimately, the court concluded that the county had improperly assessed Time Warner's right to use county streets and improperly counted its revenues, and vacated certain of defendant's findings. In addition, because Time Warner did not prevail on all issues, it declined to award attorney fees to Time Warner.
Other Information
FILING DATE: Nov. 25, 2013.
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