Position of Defendant

Pacific's answer states that its records show that over the last 20 years complainant subscribed to several business telephones accounts under the names of Century 21 Aqua Dulce and Century 21 Tapadero. Pacific contends that it consistently billed complainant monthly pursuant to its tariffs. However, on several occasions when complainant did not pay its telephone bills, Pacific sent complainant disconnection notices advising complainant of Pacific's intentions to disconnect telephone services. Pacific avers that on May 21, 1998, pursuant to its tariffs, Pacific disconnected service to account 661-268-0121 for non-payment. Pacific asserts that on May 22, 1998, complainant called Pacific regarding the disconnection of service and advised Pacific that complainant had filed a complaint with the Commission against Pacific and that $1,742.08 had been impounded for complainant's unpaid telephone bill to account 661-268-0121.

Pacific denies that it, or any of its employees, ever engaged in a conspiracy with Cendant to sabotage complainant's business. Further, Pacific denies that it betrayed the public trust and caused financial destruction of complainant's business. Pacific believes that the central issue of the complaint involves a private dispute between complainant and Cendant.