New UCL primary jurisdiction opinion: Guerrero v. Pacific Gas & Elec. Co.

In Guerrero v. Pacific Gas & Electric Co., ___ Cal.App.4th ___ (Oct. 10, 2014), the Court of Appeal (First Appellate District, Division Three) affirmed the trial court's ruling that allowing the plaintiff's UCL claim against PG&E to proceed would interfere with the jurisdiction of the Public Utilities Commission. 

The UCL action was filed in the wake of the 2010 San Bruno gas line explosion, and sought retitution of those portions of PG&E's revenues that plaintiffs claimed should have been, but were not, expended on safety-related projects.  Slip op. at 1-2.