Pacific Gas & Electric Co. v. Damé Construction Co.

This appeal arises from a dispute between Pacific Gas and Electric Company (PG&E) and Damé Construction Company, Inc. (Damé) over liability for costs incurred in the relocation of certain electrical power poles. The trial court found Damé responsible for these costs and ordered it to pay PG&E $19,542. We shall affirm the judgment.

Statement of Facts

Damé, a private land development company, owned 417 acres immediately west of and adjacent to San Ramon Valley Boulevard in Contra Costa County. Damé sought approval of a plan to subdivide its land and construct 715 homes. The Contra Costa Board of Supervisors granted its approval upon numerous conditions, one of which required Damé to widen that portion of San Ramon Valley Boulevard immediately adjacent to the site of the proposed development. PG&E owns and maintains an electric distribution line on that road. In the stipulation of facts submitted below the parties agreed that neither the board of supervisors nor any other local government agency specifically required Damé to relocate the PG&E power poles and lines.

When PG&E became aware of Damé’s development plans it notified Damé that it would move the affected…