Pacific Bell

79 Cal. App. 4th 269 (2000), 93 Cal. Rptr. 2d 910

The Court of Appeal (First District, Division 5) first concluded that the enactment of SB 1322 and SB 779) (the judicial review legislation passed in the late 1990s) left it with the same discretion possessed by the California Supreme Court under prior law to grant or deny a petition for writ of review of a Commission decision.  The Court stated that it was permitted to summarily deny petitions that were either (1) procedurally defective or (2) both non-meritorious and which did not raise an issue significant to the development of the law.  On the merits of the case, the Court affirmed the Commission decision at issue, concluding that the Commission had acted within its authority when it required Pacific to file an application to effect changes in its yellow pages tariff rather than proceeding through an advice letter.

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