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P1405 An action seeking disgorgement of a public utility's profits brought by plaintiffs claiming the utility unlawfully licensed rights in easements it had over plaintiffs' realty is pre-empted by Public Utilities Code section 1759; however, an action for damages resulting from unauthorized use of the utility's rights-of-way may be brought under Public Utilities Code section 2106 and is not pre-empted.CitationKOPONEN v PG&E (PUC Pre-emption) 165 CA4 345 [See: PUC 1759, 2106; SDG&E v Superior Court 13 C4 893, T/AT 9/96; Waters v Pac Tel 12 C3 1]
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