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CITY OF ANAHEIM v. PACIFIC BELL

No. G029261.

134 Cal.Rptr.2d 701 (2003)

109 Cal.App.4th 381

CITY OF ANAHEIM, Plaintiff and Appellant, v. PACIFIC BELL Telephone Company, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

Review Granted August 20, 2003.

Attorney(s) appearing for the Case

Jack L. White, City Attorney, and Moses W. Johnson IV, Deputy City Attorney, for Plaintiff and Appellant.

Pacific Telesis Group Legal Department and David J. Benner, San Diego, for Defendant and Respondent.

OPINION

RYLAARSDAM, J.

Plaintiff City of Anaheim appeals from a judgment entered in favor of defendant Pacific Bell Telephone Company. The court sustained defendant's demurrer to the complaint without leave to amend on the ground it lacked subject matter jurisdiction because exclusive jurisdiction rests with the California Public Utilities Commission (PUC). Plaintiff contends the superior court has concurrent jurisdiction to adjudicate which of the parties...

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