California Court of Appeal

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Pacific Gas & Electric Co. v. City and County of San Francisco, A127554

In a utility's action seeking declaratory relief and breach of contract damages concerning its right to bill for electricity supplied to a renovated building, the trial court's ruling that the postrenovation account no longer qualified as unchargeable municipal load is affirmed, with the court rejecting the city's arguments that: 1) the evidence established that use of electrical power at the building did not materially change following renovation and that the parties' contract therefore dictated that the city's supply of electricity qualified as municipal load; and 2) any material change was less than 100 percent and the trial court's declaratory relief judgment exceeded the scope of the controversy presented.

Appellate Information

  • Decided 05/31/2012
  • Published 05/31/2012

Judges

  • Bruiniers

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Office of Ted W. Pelletier, Theresa L. Mueller