RECENT CALIFORNIA DECISIONS

February 2004

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California Supreme Court Finds Prosecutors May Pursue a Civil Enforcement Action Against A Public Utility While An Investigation by the Public Utilities Commission Is Ongoing
People ex rel. Orloff v. Pacific Bell

Although local prosecutors may not undermine an ongoing investigation, the California Supreme Court, on December 15, 2003, ruled that prosecutors can proceed with civil enforcement actions against a public utility notwithstanding an ongoing investigation by the state Public Utilities Commission (PUC) on similar charges. Such dual proceedings, the Court ruled, is not precluded by the Public Utilities Code simply because there is a mere possibility of conflict with the authority of the PUC.