Legal Opinion · Dissent

People v. Superior Court

California Supreme Court

Decided March 1, 1965No. Sac. 7615Published

Thomas W. Martin and Lally & Martin for Real Party in Interest.

1DissentMcCOMB, J.

I dissent. In my opinion, respondent court has jurisdiction to determine the issues involved in the complaint for declaratory relief.

Section 1759 of the Public Utilities Code provides: “No court of this State, except the Supreme Court to the extent specified in this article, shall have jurisdiction to review, reverse, correct, or annul any order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties, except that the writ of mandamus shall lie from the Supreme…

2Cases cited6 opinions

  1. Miller v. Railroad CommissionCalifornia Supreme Court · 1937
  2. California Water & Telephone Co. v. Public Utilities CommissionCalifornia Supreme Court · 1959
  3. Henderson v. Oroville-Wyandotte Irrigation DistrictCalifornia Supreme Court · 1929
  4. Pacific Telephone & Telegraph Co. v. Superior CourtCalifornia Supreme Court · 1963
  5. Independent Laundry v. Railroad Com.California Court of Appeal · 1945

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