Pacific Gas and Electric Company v. Superior Court

Sonoma County Superior Court; Laurence K. Sawyer.

Attorneys for Petitioner, Pacific Gas and Electric Company: Severson & Werson, William L. Stern, Law Offices of Rita F. Gilmore, Rita F. Gilmore.

Attorneys for Real Parties in Interest, John Emery et al.: Law Offices of Colin C. Claxon, Colin C. Claxon, Barri Kaplan Boncepart.

SEPULVEDA, J.

Petitioner herein and defendant below, a public utility, applies for a writ of mandate directing the Sonoma County Superior Court to dismiss plaintiffs' fourth cause of action for injunctive and related relief under the unfair competition law (UCL); (see Bus. & Prof.Code, § 17200 et seq.). Petitioner contends the superior court's subject matter jurisdiction over the fourth cause of action is ousted by section 1759 of the Public Utilities Code (§ 1759), preempting the exercise of judicial jurisdiction to review any order or decision of the California Public Utilities Commission. We granted an alternative writ, ordered briefing, and heard oral argument. Having determined the trial court lacks subject matter jurisdiction to adjudicate the fourth cause of action alleged in plaintiffs' first amended complaint, we now grant the relief sought,…