PUBLIC UTILITIES - CALIFORNIA

Disenhouse v. Peevey

Court of Appeal, Fourth District, Division 1, California - June 3, 2014 - Cal.Rptr.3d - 2014 WL 2464960

The Court of Appeal took up a case requiring it to reconcile a Public Utilities Code provision depriving the superior courts of jurisdiction “to enjoin, restrain, or interfere with the Public Utilities Commission in the performance of its official duties” (Pub.Util.Code, § 1759, subd. (a)) with a Government Code provision authorizing any interested person to “commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations” of the state’s opening meeting law. (Gov.Code, § 11130, subd. (a).)

The court concluded that a person desiring to commence such an action against the commission may only do so by filing a petition for writ of mandate in the Supreme Court or the Court of Appeal.



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