City of Santa Cruz v. Pacific Gas & Electric Co.

Opinion

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). The superior court found that in 70 cities of the 72-member class, PG&E had a “constitutional franchise” for lighting, which entitled it to pay a lower franchise fee to the plaintiff cities for nonlighting franchises. The court therefore granted PG&E summary judgment against these 70 class members. We find triable issues of fact as to 14 of the plaintiff…