Guerrero v. Pacific Gas & Electric Co.

Opinion

SIGGINS, J.

Plaintiffs Filomena Guerrero et al. sued Pacific Gas and Electric Company 1 for deceptively representing to California’s Public Utilities Commission 2 and the public how much revenue it required to provide safe and reliable natural gas service. The class action complaint sought restitution and disgorgement of profits for PG&E’s wrongful diversion of more than $100 million in rates it collected over a 13-year period that should have been expended on natural gas pipeline safety projects.

PG&E demurred. It argued that Public Utilities Code section 1759 3 foreclosed plaintiffs’…