Empire West v. Southern California Gas Co.

Opinion

BURKE, J.

Plaintiff appeals from a summary judgment entered in favor of defendant, Southern California Gas Cbmpany. (Cbde Civ. Proc., § 437c.) The only issue is whether plaintiff’s asserted cause of action for fraudulent misrepresentation constitutes an attempt to secure preferential rate treatment in violation of Public Utilities Cbde section 532. We have

concluded that section 532 is inapplicable here and that defendant’s motion for summary judgment should have been denied.

We have summarized the well-established rules governing summary judgment'procedure as follows: ‘‘‘The matter to be…