Case Details


Class Actions., Common Law Powers

Filing State



California Court of Appeals



Case Description

The court of appeals reinstated a class action against a utility by consumers seeking to enjoin unlawful, unfair and fraudulent business practices.  The appellate court held that the case was not preempted by the filed rate doctrine.  The court also found that a prior enforcement action filed by the attorney general was not res judicata for the claims, because “an action by the People lacks the fundamental attributes of a consumer class action filed by a private party.”  The Attorney General is not a member of the class, “his role as a protector of the public may be inconsistent with the welfare of the class . . and the claims and defenses are not typical of the class.”