HOLDINGS: [1]-Pub. Util. Code, §§ 701, 1759, enacted pursuant to Cal. Const., art. XII, § 5, deprived the superior court of subject matter jurisdiction to consider a constitutional challenge to the requirement in Pub. Util. Code, § 8283, that the California Public Utilities Commission direct public utilities to increase procurement from businesses owned by women, minorities, and disabled veterans, as well as the commission's order implementing this official duty; [2]-Moreover, the administrative remedies provided by Pub. Util. Code, §§ 1702, 1708.5, 1760, were not exhausted; [3]-Although a timely motion under Code Civ. Proc., § 1005, subd. (b), was not necessary to obtain a transfer under Code Civ. Proc., § 396, to a court having jurisdiction, denying a transfer was not an abuse of discretion because the case would have been dismissed in any event for failure to exhaust remedies.

 

Outcome

Judgment affirmed.