California Court of Appeal

In plaintiff-landowners' suit against Pacific Gas & Electric Company (PG&E), claiming that it engaged in excessive trimming of commercially productive walnut trees located under the utility's power lines, trial courts' order sustaining defendant's demurrers without to leave to amend, in dismissing the complaints pursuant to Public Utilities Code section 1759, is affirmed where: 1) the superior court has jurisdiction to determine whether a utility has a power line easement over a particular property, but trial courts lack jurisdiction to adjudicate claims that a power utility has engaged in excessive trimming or unreasonable vegetation management when the utility has acted under guidelines or rules set forth by the commission; and 2) although the plaintiffs seek a judicial determination with respect to whether PG&E has an easement at all, this claim is defeated by the plaintiffs' own first amended complaint, which pleaded and attached a right-of-way in favor of PG&E.

Appellate Information

• Decided 10/15/2010
• Published 10/15/2010

Judges

• SIMS

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Charles E. Keen, P. Gary Cassel