Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Pub. Utilities Comm'n v. Sup. Ct., No. B217634

By FindLaw Staff on January 27, 2010 | Last updated on March 21, 2019

In a wrongful death action arising out of a fatal accident at a railroad crossing, the California Public Utilities Commission's petition for a writ of mandate challenging the trial court's denial of a motion for summary adjudication is granted and the trial court's order denying the motion is set aside in part as decisional law supports a conclusion that a public entity's ability to regulate property it neither owns nor possesses is not equivalent to a public entity having control of the property within the meaning of Gov. Code section 830.     

Read Pub. Utilities Comm'n v. Sup. Ct., No. B217634 [HTML]

Read Pub. Utilities Comm'n v. Sup. Ct., No. B217634 [PDF]

Appellate Information

Filed January 26, 2010


Opinion by Judge Willhite

For Appellant:   Edmund G. Brown, Jr., Attorney General, James M. Schiavenza, Assistant Attorney General, Richard J. Rojo and Heidi T. Salerno, Deputy Attorneys General

For Appellee:   N/A

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard