Wise
Wise v. Pacific Gas & Electric Co.
Opinion
Lead Opinion
Haning, J.
Plaintiffs/appellants Milton Wise, Leroy Williams, Yvonne Williams and Gwen Wise, individually and on behalf of the general public, appeal the dismissal of their action against defendant/respondent Pacific Gas and Electric Company (PG&E) for unfair business practices (Bus. & Prof. Code, §§ 17200 et seq., 17500), violation of Public Utilities Code section 2106, and fraud, after PG&E’s demurrer was sustained without leave to amend. Appellants contend the trial court erroneously ruled the action lies within the exclusive jurisdiction of the Public Utilities Commission (PUC).
*291 Background
A demurrer admits the truth of all material factual allegations, and we are required to accept them as such, together with those matters subject to judicial notice. (Blankv. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].) We report the facts accordingly.
PG&E is a regulated utility providing gas and electrical services to customers throughout approximately 60 percent of California, and requires PUC approval of its rates for electricity and natural gas.
In approximately January 1984 PG&E initiated a Gas Regulator Replacement Program (GRRP) to replace all its old…