Southstar Energy Servs. LLC v. Ellison

Charles Ellison and Susan Bresler Appellees filed a class action against Southstar Energy Services, LLC d/b/a Georgia Natural Gas Appellant, seeking to recover overpayments and other damages arising from Appellant’s alleged violations of the Natural Gas Competition and Deregulation Act Natural Gas Act, OCGA § § 46-4-150 et seq. Appellant moved to dismiss the complaint pursuant to OCGA § 9-11-12 b 6 for failure to state a claim upon which relief could be granted, on the ground that any claim is barred by the voluntary payment doctrine. The trial court granted the motion to dismiss, and the Court of Appeals reversed, holding that Appellees’ claims are not barred by the voluntary payment doctrine. Ellison v. Southstar Energy Services , 298 Ga. App. 170, 174-175 1 679 SE2d 750 2009. We granted certiorari to consider the Court of Appeals’ ruling. 1. A dismissal of a complaint for failure to state a claim is reviewed de novo. Hedquist v. Merrill Lynch, Pierce, Fenner & Smith , 284 Ga. App. 387 643 SE2d 864 2007. It is well settled that a motion to dismiss for failure to state a claim upon which relief can be granted “should not be sustained unless 1 the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof; and 2 the movant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought. In deciding a motion to dismiss, all pleadings are to be construed most favorably to the party who filed them, and all doubts regarding such pleadings must be resolved in the filing party’s favor.” Cit. Stendahl v. Cobb County , 284 Ga. 525 1 668 SE2d 723 2008.

Construed in favor of Appellees, the complaint alleges that Appellant intentionally and deceptively overcharged certain existing customers as to both customer service charges and the price for natural gas. Appellees claim that Appellant’s acts violated various sections of the Natural Gas Act, including OCGA § 46-4-160 h price for natural gas billed shall not exceed marketer’s published price, and 46-4-160.2 a requiring credit or refund for billing error resulting in overpayment.