CERTIFIED FOR PARTIAL PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
MILTON WISE et al.,
Plaintiffs and Appellants,
PACIFIC GAS AND ELECTRIC
(San Francisco County
Super. Ct. No. 993703)
Defendant and Respondent.
ORDER MODIFYING OPINION
The opinion filed September 12, 2005, is modified as follows:
1) On page 11, delete roman numeral I. before Standard of Review.
2) On page 11, delete roman numeral II. and replace it with roman numeral I. as
I. The PUC’s Decision to Close Its Investigation of the GRRP Ratepayer Funding
Issues Raised in the Carey Case Does Not Preclude the Instant Action.
3) On page 25, the DISPOSITION should read as follows:
The judgment is reversed and remanded for further proceedings consistent with
this opinion. Appellants shall recover costs on appeal.
4) This modification does not change the judgment.
Hon. David A. Garcia
San Francisco Superior Court
Counsel for plaintiffs
Counsel for defendant
Popelka * Allard, Bernard J. Allard,
Joseph H. Ainley, and Jeffrey Lochner
Sedgwick, Detert, Moran & Arnold,
Steven P. Burke, Severson & Werson,
Jan T. Chilton