Sacramento Municipal Utility District v. Torres CA3

BACKGROUND

SMUD filed a complaint against Torres asserting causes of action to recover damages for, among other things, power theft (§ 1882.1), conversion, and breach of contract. SMUD alleged these acts occurred at two locations, Wheatland Drive and Buford Court. The Trial At trial, there was no dispute that Torres committed power theft. The parties stipulated to Torres’s diversion of electricity at both addresses. Torres also admitted to growing marijuana and power theft, which resulted in Torres sustaining a misdemeanor conviction. Testimony of Defendant Marco Torres Wheatland Drive Torres purchased and moved into the Wheatland Drive property in February 2009 and opened a SMUD account. Several people stayed with Torres over the years, including Josue Bautista, who lived there from 2010 through 2015, after which Bautista

Subsequent section references are to the Civil Code.

2 moved to the Buford Court address. Torres’s nephew, Jose Tiznado, stayed at Wheatland Drive “[m]ore than a few times.” However, Jose never lived with Torres, and Torres did not recall Jose’s wife Alexandra2 staying at Wheatland Drive. At some point, Torres decided to grow marijuana. He installed…