In California Public Utilities Commission v. Superior Court (Aguirre), published August 31, 2016, the First District Court of Appeal, Division 2, issued a writ directing the trial court to reverse its order overruling the Commission's demurrer. The real party in interest brought a petition for a writ in the San Francisco Superior Court under the California Public Records Act. The real party alleged that the Commission had failed to produce records in response to his CPRA request. The Commission demurred on the ground that the superior court did not have jurisdiction to entertain the writ petition.
The appellate court agreed with the Commission's position. Public Utilities Code section 1759 provides that only the California Supreme Court and courts of appeal have jurisdiction to review, reverse, correct, or annul any California Public Utilities Commission order or decision, or to interfere with the Commission in the performance of its official duties, via a writ for mandamus. Government Code section 6258, part of the CPRA, prescribes that any person may institute a writ or declaratory relief proceeding in any court of competent jurisdiction to enforce the person's rights under the CPRA. Government Code section 6259, also part of the CPRA, sets forth the procedure for such actions, with specific references to the superior court. Harmonizing these statutes, the appellate court concluded that only the California Supreme Court or an appellate court is a court of competent jurisdiction to entertain a challenge to a Commission decision under the CPRA. Although section 6259 refers to a superior court, the broad provisions of section 1759 will sometimes result in a court that would otherwise have jurisdiction over a dispute being deprived of jurisdiction.
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