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CITY OF SANTA CRUZ v. PACIFIC GAS & ELEC.

No. H019427.

99 Cal.Rptr.2d 198 (2000)

82 Cal.App.4th 1167

CITY OF SANTA CRUZ et al., Plaintiffs and Appellants, v. PACIFIC GAS & ELECTRIC CO., Defendant and Respondent.

Court of Appeals of California, Sixth District.

August 8, 2000.

Attorney(s) appearing for the Case

Cotchett, Pitre & Simon, Frank M. Pitre, Burlingame, and Nancy Fineman; Ruby & Schofield, Allen Ruby and Glen W. Schofield, San Jose; Law Office of Paul Meltzer, Paul Meltzer, Santa Cruz, and Rose Braz, for Appellants.

Heller, Ehrman, White & McAuliffe, M. Laurence Popofsky and Kirk Werner, San Francisco; Hoge, Fenton, Jones & Appel, Charles H. Brock and Robert S. Luther, San Jose; J. Michael Reidenbach and Richard L. Meiss, San Francisco, for Respondent.

ELIA, J.

The issue presented in this appeal is whether defendant Pacific Gas & Electric Co. ("PG & E") has been underpaying 70 California cities for electric franchises, in violation of Public Utilities Code section 6231, subdivision (c).1 The superior court found that in 70 cities of the 72-member class, PG & E had a "constitutional franchise" for lighting, which entitled it...

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