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PEOPLE EX REL. ORLOFF v. PACIFIC BELL

No. A089528.

108 Cal.Rptr.2d 48 (2001)

89 Cal.App.4th 844

The PEOPLE ex rel. Thomas J. ORLOFF, as District Attorney, etc., et al., Plaintiffs and Appellants, v. PACIFIC BELL et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

As Modified on Denial of Rehearing July 5, 2001.

Review Granted September 26, 2001.

Attorney(s) appearing for the Case

Thomas J. Orloff, District Attorney Alameda County, Harry B. Johnson, Senior Deputy District Attorney, Julie A. Dunger, Deputy District Attorney, James P. Fox, District Attorney San Mateo County, John E. Wilson, Deputy District Attorney, Dean Flippo, District Attorney Monterey County, Lydia Villarreal, Deputy District Attorney, for Appellants.

Robert Kimball, Bobby C. Lawyer, San Francisco, Carol M. Anderson, for Respondent Pacific Bell.

Gary M. Cohen, Mary F. McKenzie, San Francisco, Barbara J. Ferguson, Santa Ana, for Amicus Curiae California Public Utilities Commission.

Bill Loekyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Herschel T. Elkins, Senior Assistant Attorney General, Michael R. Botwin, Deputy Attorney General, for Amicus Curiae, Attorney General of the State of California.

Lawrence G. Brown, Executive Director, Counsel for Amicus Curiae, California District Attorneys Association.

Fred G. Hiestand, for Amicus Curiae, Civil Justice Association of California.

SEPULVEDA, J.

The district attorneys of three Northern California counties—Alameda, San Mateo, and Monterey—appeal from a judgment dismissing their suit for injunctive relief and civil penalties under the unfair competition law (UCL). The trial court sustained a general demurrer by respondent public utility without leave to amend after concluding its subject matter jurisdiction over the suit was preempted. For reasons that will appear, we affirm.

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