Cannara

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ALEX CANNARA et al., Case No. 19-cv-04171-JD

8 Plaintiffs,

ORDER RE MOTIONS TO DISMISS

v. 9 Re: Dkt. Nos. 48, 49 10 KARLA NEMETH et al., Defendants. 11

12 13 Plaintiffs Alex Cannara and Gene A. Nelson are California residents and “electric and gas 14 ratepayers of Pacific Gas & Electric Company.” Dkt. No. 46 ¶¶ 16-18. In a first amended 15 complaint (“FAC”), they seek declaratory and injunctive relief against a decision by the California 16 Public Utilities Commission (“CPUC”) to impose a charge on ratepayers in connection with 17 California Assembly Bill 1054, an “urgency bill” that established a fund of approximately $1 18 billion to help cover the losses from future wildfires caused by public utilities. The Commission 19 and other defendants ask to dismiss the case under FRCP Rule 12(b)(1) and Rule 12(b)(6) based 20 on, among other grounds, the Johnson Act, 28 U.S.C. § 1342, which bars the district courts from 21 hearing cases challenging an order affecting public utility rates. Dkt. Nos. 48, 49. The…