PUBLIC UTILITIES COM. v. SUPERIOR COURT

No. B217634.

181 Cal.App.4th 364 (2010)

PUBLIC UTILITIES COMMISSION, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JULISSA MILLAN et al., Real Parties in Interest.

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

January 26, 2010.


Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, James M. Schiavenza, Assistant Attorney General, Richard J. Rojo and Heidi T. Salerno, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Bush Gottlieb Singer Lopez Kohanski Adelstein & Dickinson, Robert Kropp, Jr.; and Mark P. Dupont for Real Party in Interest Julissa Millan.

Adrian L. Randolph, Michael L. Johnson; Randolph Cregger & Chalfant and Joseph P. Mascovich for Real Party in Interest Union Pacific Railroad Company.


OPINION

WILLHITE, Acting P. J.

INTRODUCTION

This mandate proceeding challenges the trial court's denial of a motion for summary adjudication or judgment brought by California's Public Utilities Commission (PUC) in a wrongful death action arising out of a fatal accident at a railroad crossing. The crossing is controlled by flashing lights. Plaintiffs claim that the railroad crossing constitutes a dangerous condition because...

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