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ALJ/RAB/jt2 Date of Issuance 4/12/2010

Decision 10-04-009 April 8, 2010

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Teresa Pope,

        Complainant,

      v.

Pacific Bell Telephone Company, doing business as AT&T California (U1001C),

        Defendant.

(ECP)

Case 09-10-002

(Filed October 2, 2009)

Cornel Chiralia, for Complainant.

S. Winbush, for Defendant Pacific Bell Telephone Company, doing business as AT&T California.

DECISION DISMISSING COMPLAINT

Complainant is a residential Lifeline customer who seeks reimbursement for all charges appearing on her telephone bill for the last three years for all services other than Lifeline. More specifically, Complainant claims she is due refunds for third-party charges, she seeks adjustments for an AT&T long-distance calling plan, and she requests reimbursement for AT&T's WirePro service. Additionally, she requests "punitive damages ... not less than $25,000 ... and principal damages including all cost of file, letters and discovery." A public hearing was held on February 25, 2010.

Defendant has adjusted all charges that Complainant has disputed. As neither punitive damages nor general damages are available to Complainant and as Defendant has satisfied all disputed charges, we dismiss.

Assignment of Proceeding

Timothy Alan Simon is the assigned Commissioner and Robert Barnett is the assigned Administrative Law Judge in this proceeding.

ORDER

IT IS ORDERED that:

1. Case 09-10-002 is dismissed.

2. Case 09-10-002 is closed.

This order is effective today.

Dated April 8, 2010, at San Francisco, California.

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