Ryerson

Pursuant to an investigation, decision and order of the Public Utilities Commission a carrier brought an action against a shipper to recover undercharges. Based upon a stipulation of facts entered into by the parties, judgment was entered for the shipper. The question presented on this appeal is whether the Public Utilities Commission in the name of the People may maintain an independent equitable action to vacate the judgment on grounds of extrinsic fraud or mistake and lack of jurisdiction in the court to render the judgment.

The carrier, respondents Ryerson and Phillips, doing business as partners under the name of Phillips Trucking Company, (hereinafter referred to as Phillips), operates as a radial highway common carrier (Pub. Util. Code, § 3516) and highway contract carrier (Pub. Util. Code, § 3517) pursuant to permits issued by the commission, and as such is subject to the applicable minimum rate tariffs and regulations promulgated by the commission including a regulation known as Item 85-A of Minimum Rate Tariff No. 2. Item 85-A provides in substance that before a shipment in multiple lots may qualify for a single shipment rate, the entire shipment must be available and…