Legal Opinion

County of Sacramento v. Pacific Gas & Electric Co.

California Court of Appeal

Decided July 1, 1987No. C000031PublishedCited by 21 opinions

1Opinion of the Court

Opinion

SPARKS, J.

Under the Broughton Act (Pub. Util. Code, § 6001 et seq.), a county may grant a franchise to the highest bidder to use its public streets to transmit and distribute gas and electricity. The grantee is statutorily required to pay the county a fee of 2 percent of the “gross annual receipts” derived from the use of the franchise. (Pub. Util. Code., § 6006.) The County of Sacramento (County) granted two such franchises to defendant Pacific Gas and Electric Company (PGandE) to use county streets to supply gas and electricity to the public. PGandE regularly uses its franchise…

2Cases cited26 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959
  3. People v. OverstreetCalifornia Supreme Court · 1986
  4. Merrill v. Department of Motor VehiclesCalifornia Supreme Court · 1969
  5. County of Sacramento v. HickmanCalifornia Supreme Court · 1967

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3Cited by21 opinions

  1. Wolf v. Superior CourtCalifornia Court of Appeal · 2004
  2. Microsoft Corp. v. Franchise Tax BoardCalifornia Supreme Court · 2006
  3. Scruby v. Vintage Grapevine, Inc.California Court of Appeal · 1995
  4. Schmidt v. Bank of America, N.A.California Court of Appeal · 2014
  5. Rossville Vending MacHine Corp. v. Comptroller of TreasuryCourt of Special Appeals of Maryland · 1993

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