PEOPLE EX REL. ORLOFF v. PACIFIC BELL

No. S099131.

7 Cal.Rptr.3d 315 (2003)

80 P.3d 201

31 Cal.4th 1132

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

Supreme Court of California.

December 15, 2003.


Attorney(s) appearing for the Case

Thomas J. Orloff, District Attorney, Harry B. Johnson and Julie A. Dunger, Deputy District Attorneys, for Plaintiff and Appellant Alameda County District Attorney.

James P. Fox, District Attorney, and John E. Wilson, Deputy District Attorney, for Plaintiff and Appellant San Mateo County District Attorney.

Dean D. Flippo, District Attorney, Lydia Villarreal and Denine J. Guy, Deputy District Attorneys, for Plaintiff and Appellant Monterey County District Attorney.

Gary M. Cohen, Mary F. McKenzie, San Francisco, Barbara J. Ferguson, Santa Ana, Karen Paull and Charlyn Hook for California Public Utilities Commission as Amicus Curiae on behalf of Plaintiffs and Appellants.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Herschel T. Elkins, Assistant Attorney General, Michael R. Botwin and Margaret Reiter, Deputy Attorneys General, for the State of California as Amicus Curiae on behalf of Plaintiffs and Appellants.

Lawrence G. Brown, Sacramento, and David La Bahn for California District Attorneys Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

The Sturdevant Law Firm, James C. Sturdevant, San Francisco, Mark T. Johnson; Steyer Lowenthal Boodrookas Alvarez & Smith, Allan Steyer, Carlos A. Alvarez and Jennifer Chon for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiffs and Appellants.

Bart Kimball, Bobby C. Lawyer, San Francisco, Carol M. Anderson; Pillsbury Winthrop and Kevin M. Fong, San Francisco, for Defendants and Respondents.

Fred J. Hiestand, Sacramento, for The Civil Justice Association of California as Amicus Curiae on behalf of Defendants and Respondents.

Munger, Tolles & Olson, Henry Weissmann, Los Angeles, and A. Tali Zer Ilan for Verizon California, Inc., Southern California Edison Company, San Diego Gas & Electric Company and Southern California Gas Company as Amici Curiae on behalf of Defendants and Respondents.


GEORGE, C.J.

Public Utilities Code section 1759 provides that only this court and the Court of Appeal possess jurisdiction to review decisions of the California Public Utilities Commission (PUC) or "to enjoin, restrain, or interfere with" the PUC in the performance of its duties. Thus, an action filed in superior court against a public utility subject to the jurisdiction of the PUC can be precluded by section 1759, where...

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