City & County of San Francisco v. PG&E Corp.
Jan
10
2006
Ruling
State unfair practices actions seeking restitution constituted police or regulatory power actions that could not be removed to bankruptcy court.
Procedural posture
Plaintiff governmental entities sued defendant corporation and its utility company in state court seeking restitution to third parties under Cal. Bus. & Prof. Code section 17200 of the California Unfair Practices Act. The actions were removed to bankruptcy court. The bankruptcy court ruled the section 17200 actions for restitution were not removable. The U.S. district court held otherwise. The entities appealed.
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