Tate
Tate v. Pacific Gas & Electric Co.
Opinion
Opinion
Alsup, J.
ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT AND DISMISSING STATE CLAIMS
INTRODUCTION
In this antitrust and RICO case with supplemental state claims for relief, this is the final order in a series of orders addressing the federal claims. This order GRANTS defendant’s motion for partial summary judgment and eliminates plaintiffs’ claims under the Sherman Act. The state claims held in abeyance until now are all DISMISSED without prejudice to refile in state court.
STATEMENT
On October 25, 2001, plaintiffs Raymon Tate, Liberty Fuels, Inc., Dale Sobek and 6000 S Corporation filed this action. They sued nine defendants, including various utilities, their respective holding companies, a retailer of natural gas for refueling natural-gas vehicles, and a vehicle manufacturer. The only defendant now left is Pacific Gas and Electric Company, a provider of natural gas and electricity in Northern California.
The complaint included eleven claims for relief. On November 30, plaintiffs filed the first amended complaint. The same claims were reasserted. In brief, plaintiffs alleged that defendants engaged in an unlawful monopolization, restraint of trade and conspiracy to quash…