United Energy Trading, LLC v. Pacific Gas & Electric Co.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS AND DENYING MOTION FOR SANCTIONS

I. INTRODUCTION

This case stems from a dispute between defendant Pacific Gas & Electric Company (“PG&E”), a leading utility provider in northern California, and one of its competitors, plaintiff United Energy Trading, LLC (“UET”), a supplier of natural gas. UET avers the defendants engage in unlawful billing, collection, and payment schemes that misappropriate funds, defraud UET, and unfairly compete for natural gas customers. UET asserts federal claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961 et seq., and the Sherman Act, 15 U.S.C. § 2 , in addition to state law claims under a variety of theories, including breach of contract, breach of fiduciary duty, intentional misrepresentation, and intentional interference with prospective business advantage. PG&E counters that UET’s claims in their entirety belong before the California Public Utilities Commission (“CPUC”), and in any event, argue they have not pleaded any of their separate claims with the requisite specificity.

For the reasons explained below, PG&E’s motion to dismiss is granted…