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AB-3546 Public utilities: injunctive remedies.(1991-1992)

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Assembly Bill No. 3546
CHAPTER 609

An act to amend Section 5259 of, and to add Sections 1044, 1079, and 3742 to, the Public Utilities Code, relating to public utilities.

[ Filed with Secretary of State  September 09, 1992. Approved by Governor  September 08, 1992. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 3546, Conroy. Public utilities: injunctive remedies.
Existing law provides that whenever the commission is of the opinion that any household goods carrier is failing or omitting or about to fail or omit, to do anything required of it by law, or by any order, decision, rule, direction, or requirement of the commission, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, in violation of law or of any order, decision, rule, direction, or requirement of the commission, it may direct the attorney of the commission to commence an action or proceeding in the superior court, as specified.
This bill would instead provide that when the executive director of the commission determines that any household goods carrier, passenger stage corporation, highway common carrier or cement carrier, or highway carrier, or any officer, director, or agent of any household goods carrier, passenger stage corporation, highway common carrier, or cement carrier, or highway carrier, is failing or omitting or about to fail or omit to do anything required of it by law, or by any order, decision, rule, direction, or requirement of the commission, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, in violation of law or of any order, decision, rule, direction, or requirement of the commission, the executive director may make application to the superior court for injunctive relief, a restraining order, or another order, upon a specified showing.

The people of the State of California do enact as follows:


SECTION 1.

 Section 1044 is added to the Public Utilities Code, to read:

1044.
 When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices.

SEC. 2.

 Section 1079 is added to the Public Utilities Code, to read:

1079.
 When the executive director of the commission determines that any highway common carrier or cement carrier, or any officer, director, or agent of any highway common carrier or cement carrier, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices.

SEC. 3.

 Section 3742 is added to the Public Utilities Code, to read:

3742.
 When the executive director of the commission determines that any highway carrier, or any officer, director, or agent of any highway carrier, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices.

SEC 4.

 Section 5259 of the Public Utilities Code is amended to read:

5259.
 Whenever the executive director of the commission determines that any household goods carrier or any officer, director, or agent of any household goods carrier is failing or omitting or about to fail or omit, to do anything required of it by law, or by any order, decision, rule, direction, or requirement of the commission, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, in violation of law or of any order, decision, rule, direction, or requirement of the commission, the executive director may make application to the superior court in and for the county, or city and county, in which the cause or some part thereof arose, or in which the corporation complained of has its principal place of business, or in which the person complained of resides, for the purpose of having such violations or threatened violations stopped and prevented, either by mandamus or injunction. The executive director shall thereupon begin such action or proceeding in the name of the people of the State of California, by petition to such superior court, alleging the violation or threatened violation complained of and praying for appropriate relief by way of mandamus or injunction.