EMPIRE WEST v. SOUTHERN CALIFORNIA GAS CO.

Docket No. L.A. 30329.

12 Cal.3d 805 (1974)

528 P.2d 31

117 Cal. Rptr. 423

EMPIRE WEST, Plaintiff and Appellant, v. SOUTHERN CALIFORNIA GAS COMPANY, Defendant and Respondent.

Supreme Court of California. In Bank.

November 18, 1974.


Attorney(s) appearing for the Case

COUNSEL

Morton M. Gerson for Plaintiff and Appellant.

Overton, Lyman & Prince and John D. McCurdy for Defendant and Respondent.


OPINION

BURKE, J.

Plaintiff appeals from a summary judgment entered in favor of defendant, Southern California Gas Company. (Code Civ. Proc., § 437c.) The only issue is whether plaintiff's asserted cause of action for fraudulent misrepresentation constitutes an attempt to secure preferential rate treatment in violation of Public Utilities Code section 532.1 We have

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