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Great Oaks Water Co. v. Santa Clara Valley Water Dist.
Charges levied against water retailer were not taxes under California Constitution because they fell under an exception for specific benefits conferred to a payor not provided to those not charged.
Tax, Utilities 6DCA Apr. 2, 2025
Volcano Telephone Co. v. Public Utilities Commission
Public Utilities Commission's actions and decisions regarding broadband affiliates, one receiving subsidy funding which the other benefited from, was not an unconstitutional taking nor outside of its jurisdictional purview.
Utilities 2DCA/3 Mar. 17, 2025
Wisconsin Bell, Inc. v. United States ex rel. Heath
Even though U.S. Treasury money only paid a portion of schools' internet subsidies, internet provider's overcharges alleged by auditor's False Claims Act lawsuit were "claims" under the Act.
Government, Utilities USSC Feb. 24, 2025
City of Gridley v. Superior Court (McMillan)
City's decrease of existing electric utility rates did not violate the California Constitution because it did not impose, extend, or increase any tax or rate.
Constitutional Law, Utilities 3DCA Sep. 13, 2024
Coziahr v. Otay Water District
Recalculation of $18 million class action utility fee refund was necessary where trial court based its calculation on speculative amounts when actual data was available.
Utilities 4DCA/1 Jul. 17, 2024
California Community Choice Association v. Public Utilities Commission (Pacific Gas and Electric Company)
Given electricity aggregators' history of providing insufficient electricity to meet its customers' demands, Public Utilities Commission did not abuse its discretion in setting a later date for aggregator's proposed expansion.
Utilities 1DCA/4 Jul. 17, 2024
Golden State Water Company v. Public Utilities Commission
Public Utilities Commission's scoping memo did not provide adequate notice that elimination of sales-revenue decoupling mechanism was an issue that would be considered during proceedings.
Utilities CASC Jul. 9, 2024
Sacramento Municipal Utility District v. Kwan
Trial court's award of monetary damages was proper where substantial evidence supported that defendant aided and abetted diversion of utility for cannabis operation.
Utilities 3DCA May 2, 2024
Assurance Wireless USA L.P. v. Reynolds
California Public Utilities Commission access line rule surcharges on telecommunications carriers were not inconsistent with or preempted by Federal Communications Commission rules.
Utilities 9th Apr. 29, 2024
Southern California Edison Co. v. Orange County Transportation Authority
Utility companies were not entitled to compensation for relocation under Takings Clause because Orange County Transportation Authority's streetcar project was an authorized governmental use of a public right-of-way.
Utilities 9th Mar. 14, 2024
City of Lancaster v. Netflix, Inc.
Sustaining demurrer without leave to amend was appropriate where local government lacked a statutory cause of action for non-payment of video service provision franchise fees against non-franchise holders.
Utilities 2DCA/3 Feb. 23, 2024
Villarroel v. Recology
Though California has a filed rate doctrine, it did not bar class action suit against monopolistic refuse company because the claims involved bribery and fraud rather than ratemaking.
Utilities 1DCA/3 Dec. 5, 2023
Gantner v. PG&E Corp.
Public Utilities Code Section 1759 barred class action lawsuit alleging electric company's negligent maintenance of power grids economically harmed its customers.
Utilities CASC Nov. 21, 2023
Kerman Telephone Co. v. Public Utilities Commission
Public Utilities Commission's penalty to several phone companies for nondisclosure of stock redemption proceeds violated due process's fair notice requirement.
Utilities 5DCA Aug. 28, 2023
TruConnect Communications v. Maximus
Prohibition against trial court actions that would interfere with Public Utility Commission's ongoing regulatory duties did not apply to lawsuit couched in tort law against companies hired by the Commission.
Utilities 1DCA/1 May 12, 2023
Calaveras Telephone Company v. Public Utilities Commission
When calculating subsidies, the Public Utilities Commission has authority, through Public Utilities Code Section 275.6, to impute excess revenues that came from broadband internet service.
Utilities 5DCA Jan. 23, 2023
California Public Utilities Commission v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission properly decided that utility membership in the California independent system operator is voluntary.
Utilities 9th Mar. 18, 2022
Foley Investments v. Alisal Water Corp.
Where a water main was installed pursuant to a contract and was designed to fulfill only an individual need, it did not serve a public use for inverse condemnation purposes.
Utilities 4DCA/1 Dec. 13, 2021
Modification: Alameda County Waste Management Authority v. Waste Connections US, Inc.
Local governments may inspect and copy landfill records without having to prove as a factual matter necessity for the records.
Utilities 1DCA/2 Sep. 10, 2021
Alameda County Waste Management Authority v. Waste Connections US, Inc. et al.
Local governments may inspect and copy landfill records without having to prove as a factual matter necessity for the records.
Utilities 1DCA/2 Aug. 20, 2021
City of Torrance v. Southern California Edison Co.
City's electricity tax ordinance did not permit electricity provider to apply annual credit to reduce electricity consumers' tax base, thereby reducing City's tax revenue.
Utilities 2DCA/3 Mar. 19, 2021
Modification: Riverside County Transportation Comm. v. Southern California Gas Co.
Once County Transportation Commission terminated Gas Company's licenses for pipelines that stood in the way of new rail line, Gas Company could be held liable for trespass.
Utilities 4DCA/2 Sep. 21, 2020
Riverside County Transportation Comm. v. Southern California Gas Co.
Once County Transportation Commission terminated Gas Company's licenses for pipelines that stood in the way of new rail line, Gas Company could be held liable for trespass.
Utilities 4DCA/2 Aug. 26, 2020
Calaveras Telephone Company v. Public Utilities Commission
Public Utilities Commission's resolution and decision departed from well-established requirements governing issuance of funding from California High Cost Fund A; thus, Commission abused its discretion.
Utilities 3DCA Sep. 16, 2019
Winding Creek Solar LLC v. Carla Peterman
California Public Utilities Commission's Renewable Market Adjusting Tariff program violated the Public Utilities Regulatory Policies Act by implementing a cap and impermissible pricing mechanisms, and was thus preempted.
Utilities 9th Jul. 30, 2019
Ponderosa Telephone Co. v. CAPUC
CPUC's decision did not deny petitioners their constitutional rights because the cost of equity it determined for petitioners was not clearly unreasonable.
Utilities 5DCA Jul. 1, 2019
COMCAST v. Sacramento Metropolitan Cable Television Commission
Comcast's lawsuit to recover security deposit was barred by 47 U.S.C. Section 555a(a) because it arose from cable regulation, specifically, the cable franchising agreement between Comcast and defendant.
Utilities 9th May 9, 2019
Californians for Renewable Energy v. CPUC
A utility using a qualifying facility's energy to meet a Renewables Portfolio Standard (RPS) may not calculate avoided cost based on energy sources that do not also meet the RPS.
Utilities 9th Apr. 25, 2019
Goncharov v. Uber Technologies, Inc.
A court action is precluded by Public Utilities Code Section 1759 if it hinders the regulatory authority of the Public Utilities Commission.
Utilities 1DCA/1 Jan. 31, 2018
CallerID4U v. MCI Communications Services
Absent an agreement, a competitive local exchange carrier (CLEC) may not bill an interexchange carrier for interstate access services under the Communications Act unless the CLEC has filed a FCC tariff.
Utilities 9th Jan. 23, 2018