Justia California Court of Appeals Opinion Summaries

In this tax refund case, Chevron challenged the method by which the Kern County Assessor and Assessment Appeals Board valued oil and gas wells as new construction during three tax years, Rev. & Tax. Code, 5140 et seq. The trial court found that the Board used the wrong valuation method and remanded. Both parties appealed. The court concluded that Chevron has standing to maintain this action; concluded that the Board did not abuse its discretion or act contrary to law when it approved the assessor's valuation method; rejected Chevron's exemption argument; and reversed in part, affirming in part.View "Chevron USA v. County of Kern" on Justia Law

In 2010, a PG&E natural gas pipeline exploded in San Bruno, CA, causing death, great physical injuries, and extensive property damage. Governmental entities investigated the incident and PG&E’s business practices. The Public Utilities Commission retained an independent firm, Overland, to review PG&E’s gas transmission safety-related activities from a financial and regulatory audit prospective. Plaintiffs sued, seeking redress for PG&E’s alleged misappropriation of over $100 million in authorized rates that it should have used for safety-related projects. According to the complaint, PG&E misrepresented and concealed material facts when it used money collected from ratepayers to pay shareholders and provide bonuses to its executives instead of spending the money on infrastructure and safety measures. The complaint alleged that PG&E’s negligent handling of the pipe that exploded in San Bruno was unlawful and arose from PG&E’s corporate culture that valued profits over safety and that PG&E’s actions constituted an unlawful business practice under California Business and Professions Code section 17200. The superior court dismissed without leave to amend, finding the action barred by Public Utility Code section 1759 because it would interfere with the California Public Utilities Commission’s jurisdiction.” The appeals court affirmed.View "Guerrero v. Pacific Gas & Elec. Co." on Justia Law