Section 1762 Of Article 3. Judicial Review From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 9. >> Article 3.
1762
. (a) Except as provided in this section, no order staying or
suspending an order or decision of the commission shall be made by
the Supreme Court or court of appeal except upon five days' notice
and after hearing. If the order or decision of the commission is
stayed or suspended, the order suspending it shall contain a specific
finding, based upon evidence submitted to the court and identified
by reference thereto.
(b) The specific finding made pursuant to subdivision (a) shall
certify that great or irreparable damage would otherwise result to
the petitioner and specify the nature of the damage.
(c) The Supreme Court or court of appeal may grant a temporary
stay restraining the operation of the commission order or decision,
other than an order or decision authorizing an increase or decrease
in rates or changing a rate classification, at any time before the
required hearing and determination of the application for a stay
when, in the opinion of the court, irreparable loss or damage would
result to petitioner unless the temporary stay is granted. The
temporary stay shall remain in force only until the hearing
determination of the application for a stay upon notice. The hearing
of the application for a stay shall be given precedence and assigned
for hearing at the earliest practicable day after the expiration of
the notice.