SARALE

These consolidated appeals involve claims by plaintiff landowners that Pacific Gas and Electric Company (PG&E) engaged in excessive trimming of commercially productive walnut trees located under the utility’s power lines. The first appeal is taken by plaintiffs William R. Sarale and Julie Ann Sarale from a judgment of dismissal entered by the San Joaquin Superior Court. The second appeal is taken by plaintiff Richard G. Wilbur, as a trustee, from a judgment of dismissal entered by the Yuba County Superior Court.

The trial courts in both cases sustained PG&E’s demurrers without leave to amend and dismissed the complaints pursuant to Public Utilities Code section 1759. 1 Section 1759 bars actions in superior court that will hinder or interfere with the exercise of regulatory authority by California’s Public Utilities Commission (the commission). (San Diego Gas & Electric Co. v. Superior Court (1996) 13 Cal.4th 893 , 918 & fn. 20 [ 55 Cal.Rptr.2d 724 , 920 P.2d 669 ] (Covalt).)

On appeal, the Sarales contend the trial court erred by failing to (1) adjudicate their claims under section 2106, 2 (2) determine whether the easement *231 PG&E claims actually exists under Code of…

Having concurred fully in the majority opinion, I write separately to respond to the analysis in the dissent written by my colleague and dear friend. He believes that, in exercising its regulatory authority over vegetation management regarding electrical power lines, the Public Utilities Commission (PUC) has done nothing more than *247 establish minimum clearance standards for tree trimming around power lines. Not so. The PUC’s general order No. 95, former rule 35 specifies that, where overhead electrical power lines pass through trees, the safety and reliability of the electrical service demand that tree trimming be done to ensure that branches and foliage are a “reasonable distance” away from the power lines. By going on to specify minimum clearance standards, the PUC has not limited its regulatory authority over tree trimming to merely ensuring compliance with its minimum standards. The overriding requirement is that foliage must be a reasonable distance away from the power lines, with a reasonable distance never being less than the minimum clearance standards. This necessarily means that, in some situations, public safety and the reliability of the electrical service may…

I respectfully dissent.

I

Adjudication of These Cases Would Not Interfere with the Commission’s Exercise of Its Regulatory Authority

My colleagues conclude that adjudication of these cases by the superior court would interfere with California’s Public Utilities Commission’s (the commission) exercise of its regulatory authority over vegetation management 1 around power lines. They are wrong. Let me explain why.

A

What Plaintiffs Seek

First, we need to focus on what plaintiffs seek in these actions. The first appeal (case No. C059873) is from a judgment of dismissal in San Joaquin County Superior Court case No. CV033900. Plaintiffs are William R. Sarale (as an individual) and Julie Ann S arale (as an individual and as the trustee of two trusts). We will refer to this case as the Sarale case and to these plaintiffs as the Sarales. The second appeal (case No. C060515) is from a judgment of dismissal in Yuba County Superior Court case No. YCSCCVCV080000252. Plaintiff is Richard G. Wilbur, as a trustee. We will refer to this case as the Wilbur case and to this plaintiff as Wilbur. We will refer to the Sarales and Wilbur collectively as plaintiffs. Essentially, Wilbur and the…

These consolidated appeals involve claims by plaintiff landowners that Pacific Gas and Electric Company (PG&E) engaged in excessive trimming of commercially productive walnut trees located under the utility's power lines. The first appeal is taken by plaintiffs William R. Sarale and Julie Ann Sarale from a judgment of dismissal entered by the San Joaquin Superior Court. The second appeal is taken by plaintiff Richard G. Wilbur, as a trustee, from a judgment of dismissal entered by the Yuba County Superior Court.

The trial courts in both cases sustained PG&E's demurrers without leave to amend and dismissed the complaints pursuant to Public Utilities Code section 1759. [1] Section 1759 bars actions in superior court that will hinder or interfere with the exercise of regulatory authority by California's Public Utilities Commission (the commission). ( San Diego Gas & Electric Co. v. Superior Court (1996) 13 Cal.4th 893 , 918 & fn. 20 [ 55 Cal.Rptr.2d 724 , 920 P.2d 669 ] ( Covalt ).)

On appeal, the Sarales contend the trial court erred by failing to (1) adjudicate their claims under section 2106, [2] (2) determine whether the easement PG&E claims actually exists under…