California Court of Appeal

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In re Elec. Refund Cases, B206881

In plaintiffs' suit against Arizona Electric Power Cooperative, Inc. (Arizona) to recover for the alleged unjust and unreasonable rates the plaintiffs had been charged during the California's energy crisis of May 2000 to June 2001, judgment of the trial court is reversed as any failure of the plaintiffs to challenge Arizona's jurisdictional status did not implicate the exhaustion of administrative remedies doctrine, and as such, it was an error to sustain the demurrer on this ground.

Appellate Information

  • Decided 05/26/2010
  • Published 05/26/2010

Judges

  • ALDRICH, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Brune & Richard, Laurie Edelstein, Randall T. Kim; Sidley Austin, Marie L. Fiala; Stephen L. Schirle and Mark Patrizio for Plaintiff and Appellant Pacific Gas and Electric Company., Steptoe & Johnson, Lawrence P. Riff, Jay E. Smith; Russell C. Swartz and Leon Bass, Jr. for Plaintiff and Appellant Southern California Edison Company., Hennigan Bennett & Dorman, J. Michael Hennigan, Laura Lindgren and Robert W. Mockler for Plaintiff and Appellant San Diego Gas & Electric Company.

  • For Appellees:
  • Meyers, Nave, Riback, Silver & Wilson, Benjamin T. Reyes, II, Geoffrey Spellberg, Joseph M. Quinn; Slover & Loftus and Robert D. Rosenberg for Defendant and Appellant Arizona Electric Power Cooperative, Inc.
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