Wise v. PG&E
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Filed 9/19/05 CERTIFIED FOR PARTIAL PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE MILTON WISE et al., Plaintiffs and Appellants, A093538 v. PACIFIC GAS AND ELECTRIC COMPANY, (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 follows: 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. Dated: _________________ _________________________________ JONES, P.J. Trial judge: Hon. David A. Garcia Trial court: San Francisco Superior Court Counsel for plaintiffs and appellants: Counsel for defendant and respondent: Popelka * Allard, Bernard J. Allard, Joseph H. Ainley, and Jeffrey Lochner Sedgwick, Detert, Moran & Arnold, Steven P. Burke, Severson & Werson, Jan T. Chilton
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