Cundiff

Plaintiffs David Cundiff, Jennifer Cundiff, John Debruin, and Eva Debruin (plaintiffs) appeal from an order of dismissal entered after the trial court sustained, without leave to amend, the demurrer of defendants GTE California Incorporated and Verizon California, Inc. (GTE California, Verizon California, collectively defendants) to plaintiffs’ first amended complaint.

Defendants are in the business of supplying telephone service to portions of the State of California. Part of their business includes supplying telephone equipment to their customers, including telephones. This suit concerns defendants’ rental charges for such telephones. Plaintiffs, who seek certification as a class on behalf of all persons similarly situated to themselves, contend defendants charge their customers for obsolete or nonexistent telephones, and have imposed such charges, either intentionally or negligently, for over 15 years, without their customers’ knowledge.

Defendants’ demurrer was sustained when the trial court ruled that section 1759 of the Public Utilities Code gives the Public Utilities Commission (the commission) either exclusive or primary jurisdiction over the matters alleged in…