Cannara

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALEX CANNARA et al., Case No. 19-cv-04171-JD

Plaintiffs,

ORDER RE MOTIONS TO DISMISS

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

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