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San Diego Gas & Electric Company v. California Public Utilities Commission

Paid petition · Court of Appeal of California, Fourth Appellate District, Division One, No. D074417 · judgment November 13, 2018

Certiorari denied · October 7, 2019
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether it is an uncompensated taking for public use in violation of the Fifth and Fourteenth Amendments for a State to impose strict liability for inverse condemnation on a privately owned utility without ensuring that the cost of that liability is spread to the benefitted ratepayers.

Counsel of record

For petitioner
Kathleen Marie Sullivan
Quinn Emanuel Urquhart & Sullivan, LLP

For respondent
Michael J. Aguirre
Aguirre & Severson, LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 07 2019
    Motion for leave to file amicus brief filed by Southern California Edison Company GRANTED.
  2. Oct 07 2019
    Motion for leave to file amicus brief filed by Edison Electric Institute GRANTED.
  3. Oct 07 2019
    Motion for leave to file amici brief filed by Shareholders in California Investor-Owned Utilities GRANTED.
  4. Oct 07 2019
    Petition DENIED.
  5. Aug 14 2019
    DISTRIBUTED for Conference of 10/1/2019.
  6. Aug 13 2019
    Reply of petitioner San Diego Gas & Electric Company filed.
  7. Jul 31 2019
    Brief of respondent The Protect Our Communities Foundation in opposition filed.
  8. Jul 26 2019
    Brief of respondent California Public Utilities Commission in opposition filed.
  9. Jun 11 2019
    Motion to extend the time to file a response is granted and the time is extended to and including July 31, 2019, for all respondents.
  10. Jun 07 2019
    Motion to extend the time to file a response from July 1, 2019 to July 31, 2019, submitted to The Clerk.
  11. May 30 2019
    Response Requested. (Due July 1, 2019)
  12. May 30 2019
    Waiver of right of respondent Public Utilities Commission of the State of California to respond filed.
  13. May 30 2019
    Motion for leave to file amicus brief filed by Edison Electric Institute.
  14. May 30 2019
    Motion for leave to file amici brief filed by Shareholders in California Investor-Owned Utilities.
  15. May 30 2019
    Brief of respondent Ruth Henricks in opposition filed.
  16. May 30 2019
    Motion for leave to file amicus brief filed by Southern California Edison Company.
  17. May 28 2019
    DISTRIBUTED for Conference of 6/13/2019.
  18. May 22 2019
    Waiver of right of respondent The Protect Our Communities Foundation to respond filed.
  19. May 20 2019
    Waiver of right of respondent Public Utilities Commission of the State of California to respond filed.
  20. Apr 30 2019
    Petition for a writ of certiorari filed. (Response due May 31, 2019)