SECTIONS 5251-5260 - California Statutes

PUBLIC UTILITIES CODE

SECTION 5251-5260

5251. Except as otherwise expressly provided, in all respects in
which the commission has power and authority under the Constitution
of this State or this chapter, applications and complaints may be
made and filed with the commission, process issued, hearings held,
opinions, orders, and decisions made and filed, petitions for
rehearing filed and acted upon, and petitions for writs of review or
mandate filed with the Supreme Court of this State, considered and
disposed of by the Supreme Court, in regard to the matters provided
for in this chapter, in the same manner, under the same conditions
and subject to the same limitations, and with the same effect
specified in the Public Utilities Act, so far as applicable.

5252. Service of all process and orders instituting investigation
in all proceedings, complaints, investigations, or hearings brought
or pending before the commission pursuant to this chapter, may be
made upon any person upon whom a summons may be served, in accordance
with the Code of Civil Procedure.

5253. Service of all process and orders, decisions and orders,
orders and notices in all such proceedings, investigations,
complaints and hearings may be made personally or by the deposit in
the United States mail of a sealed envelope with postage prepaid,
containing a true copy of the paper to be served and addressed to the
person to be served at his last known address as shown by the
records of the commission.

5254. Service by personal delivery is complete upon delivery to the
person to be served of a true copy of the paper to be served.
Service by mail is complete upon the expiration of four days after
the deposit of the notice.
Proof of service may be made by the certificate of any officer or
employee of the commission or the affidavit of any person over the
age of 18 years, naming the person served and specifying the time,
place, and manner of service.

5255. In all proceedings instituted by or pending before the
commission pursuant to this chapter, the commission may from time to
time make such interim, interlocutory, or other orders as it deems
advisable. No such order shall operate as a final determination of
the proceeding, and the commission may at any time thereafter make
such further orders as it deems advisable with respect to the matters
considered and determined in the order or to other matters involved
in the proceeding.

5256. After the making of an interim, interlocutory, or other
order, any party to the proceeding or any stockholder or bondholder
or other party pecuniarily interested in the household goods carrier
affected may file a petition for rehearing, within the time and for
the reasons provided in Sections 1731 to 1736, inclusive, and the
commission may act upon the petition within the time and in the
manner provided therein.

5257. Any interim, interlocutory, or other order may be reviewed as
provided in Sections 1756 to 1766, inclusive. Upon review, only that
portion of the record in the proceeding considered by the commission
and upon which it acted in making the order sought to be reviewed,
need be certified to and considered by the court.

5258. No person shall be excused from attending and testifying or
from producing any book, document, paper, or account in any
investigation or inquiry by or hearing before the commission or any
commissioner or examiner, or in obedience to the subpoena of the
commission, or in any cause or proceeding, criminal or otherwise,
based upon or growing out of any alleged violation of any of the
provisions of this chapter, when ordered to do so, upon the ground of
that person's privilege against self-incrimination, but if the
privilege applies and the person claiming the privilege has properly
asserted it, no information disclosed or any evidence derived from
that information shall be used against that person in any criminal
proceeding. No person so testifying shall be exempt from prosecution
or punishment for any perjury committed by that person in his or her
testimony.

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,
including, but not limited to, an order allowing vehicles used for
subsequent operations subject to the order to be impounded at the
carrier's expense and subject to release only by subsequent court
order following a petition to the court by the defendant or owner of
the vehicle. 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.

5259.5. (a) Whenever the commission determines that any household
goods carrier or any officer, director, or agent of any household
goods carrier has abandoned, or is abandoning stored household goods
or property of any shippers under contract with the carrier or
carriers, it may commence a proceeding in superior court for the
purpose of having the court appoint either a receiver or commission
staff to identify the stored items of property, to take possession of
the property, and to arrange the return of the property to its
owners in accordance with the orders of the court and with regard for
the protection of all property rights involved.
(b) The proceeding shall be brought in 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 person or corporation complained of
has its principal place of business, or in which the person
complained of resides. The commission shall commence the proceeding
in the name of the people of the State of California, by petition to
the superior court, alleging the facts and circumstances involved and
praying for appropriate relief by way of mandamus, or injunction, or
the appointment of a receiver, and authorizing the commission to
arrange for the hiring of a receiver who shall be required to comply
with the requirements of Sections 566, 567, and 568 of the Code of
Civil Procedure.
(c) The court may also appoint a receiver to manage the business
of the household goods carrier or carriers and return property to its
owner or owners upon a showing by the commission satisfactory to the
court that the abandonment or threatened abandonment by the carrier
jeopardizes property or funds of others in the custody or under the
control of the carrier. The court may make any other order that it
finds appropriate to protect and preserve those funds or property.
Service of the order of the court on a household goods carrier may be
accomplished by personal delivery to the person to be served, or by
posting a copy of the order at the dwelling house, usual place of
abode, usual place of business, or usual residence of the person to
be served and thereafter mailing a copy of the order, by first-class
mail, postage prepaid, to the location where the order was posted.
(d) In the event a receiver is appointed by the court and the
commission is responsible for contracting for a receiver to carry out
the duties authorized by this section, the commission may contract
on an emergency basis with a qualified person or corporation to serve
as receiver under the conditions and guidelines set by the court.
The contract for the receiver services may be executed by the
commission on an expedited basis and without compliance with the
requirements of Sections 11042 and 14615 of the Government Code and
Sections 10295 and 10318 of the Public Contract Code. The receiver
shall be paid from the fees collected pursuant to Section 5003.2.

5260. Upon the filing of such a petition, the court shall specify a
time, not exceeding 20 days after the service of the copy of the
petition, within which the household goods carrier complained of
shall answer the petition, and in the meantime the carrier may be
restrained. In case of default in answer, or after answer, the court
shall immediately inquire into the facts and circumstances of the
case. Such corporations or persons as the court deems necessary or
proper to be joined as parties, in order to make its judgment, order
or writ effective, may be joined as parties. The final judgment in
any such action or proceeding shall either dismiss the action or
proceeding or direct that the writ of mandamus or injunction issue or
be made permanent as prayed for in the petition, or in such modified
or other form as will afford appropriate relief. An appeal may be
taken to the Supreme Court from such final judgment in the same
manner and with the same effect as appeals are taken from judgments
of the superior court in other actions for mandamus or injunction.