Legal Opinion · Dissent

SARALE v. Pacific Gas & Electric Co.

California Court of Appeal

Decided October 15, 2010No. C059873, C060515Published

1Dissent

*248ROBIE, J., Dissenting.

I respectfully dissent.

I

Adjudication of These Cases Would Not Interfere with the Commission’s Exercise of Its Regulatory Authority

My colleagues conclude that adjudication of these cases by the superior court would interfere with California’s Public Utilities Commission’s (the commission) exercise of its regulatory authority over vegetation management1 around power lines. They are wrong. Let me explain why.

A

What Plaintiffs Seek

First, we need to focus on what plaintiffs seek in these actions. The first appeal (case No. C059873) is from a judgment of dismissal in San…

2Cases cited10 opinions

  1. San Diego Gas & Electric Co. v. Superior CourtCalifornia Supreme Court · 1996
  2. Waters v. Pacific Telephone Co.California Supreme Court · 1974
  3. Cellular Plus, Inc. v. Superior CourtCalifornia Court of Appeal · 1993
  4. Evans v. California Trailer Court, Inc.California Court of Appeal · 1994
  5. Koch v. Rodlin EnterprisesCalifornia Court of Appeal · 1990

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