Congratulations to Partner Mike D’Andrea and Associates Ruth Rasiah and Kaylah Abdullah in the Los Angeles office for obtaining a complete dismissal of their clients in a significant claim involving California’s Public Utilities regulations.
After lengthy litigation, BWB&O’s Motion for Summary Judgment was granted against Claimant, Spectrum (Charter Communications), which resulted in a complete dismissal of the action against BWB&O’s clients. At issue was whether California’s Public Utilities Code shifted the common law duty to maintain certain utility equipment in residential areas within Southern California. After significant briefing, the Superior Court found that BWB&O correctly argued that the Public Utilities Code required utility companies, like Spectrum, to fully maintain utility equipment, and that private residents are not responsible for utility maintenance (even if the physical equipment is located on private property).
This is a significant win for homeowners in Southern California, as the Court disagreed with Spectrum’s interpretation of the Public Utilities Code (which allowed utilities to attempt to shift the risk of lack of maintenance to private residents). BWB&O’s clients, two private homeowners, were facing significant damages in the suit due to alleged improper utility equipment maintenance. This is an important victory for private homeowners against large public utility companies that attempt to avoid responsibility for utility equipment failures.
