Superior court lacks jurisdiction over lawsuit seeking documents from CPUC under Public Records Act, resulting in sustained demurrer in CPUC's favor.
Cite as
2016 DJDAR 9506Published
Sep. 12, 2016Filing Date
Sep. 8, 2016CALIFORNIA PUBLIC UTILITIES COMMISSION,
Petitioner,
v.
THE SUPERIOR COURT OF SAN FRANCISCO COUNTY,
Respondent;
MICHAEL J. AGUIRRE,
Real Party in Interest.
No. A147570
(San Francisco County
Super. Ct. No. CPF-15-514188)
California Courts of Appeal
First Appellate District
Division Two
Filed September 9, 2016
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
BY THE COURT:
It is ordered that the opinion filed herein on August 31, 2016, be modified as follows:
At the end of the Disposition, the following is added for clarification: ?Let a peremptory writ of mandate issue directing respondent superior court to set aside and vacate its February 9, 2016, order overruling petitioner?s demurrer to real party in interest?s claim under the Public Records Act, and to thereafter enter a new order sustaining the demurrer without leave to amend. The previously issued stay shall dissolve upon issuance of the remittitur. (Cal. Rules of Court, rules 8.272(b)-(d), 8.490(d).)?
This modification does not effect a change in the judgment.
Date:
P.J.
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