City of Anaheim v. Pacific Bell Telephone Co.

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 must bear the cost of relocating defendant’s overhead facilities underground.

We issued an opinion holding that the PUC had exclusive…