Pacific Gas & Electric Co. v. Superior Court

Petitioner seeks writ review of the superior court’s order overruling its demurrer to the eminent domain complaint of real party in interest. The sole issue we must decide concerns the proper construction and application of certain pleading requirements contained in the Eminent Domain Law. (Code Civ. Proc., § 1230.010 et seq., hereafter the Law.) We conclude that the complaint is fatally flawed, and the demurrer should therefore have been sustained without leave to amend.

Real party in interest Hayfork Valley Public Utility District (District) is a public entity. District commenced the underlying eminent domain action for the purpose of acquiring certain power transmission facilities located within its boundaries and owned by petitioner Pacific Gas and Electric (P.G.&E.). P.G.&E. is a California corporation. The complaint incorporates by reference the resolution of public need and necessity adopted by District’s board of directors. The complaint and resolution reveal that the property sought to be condemned is presently devoted to public use, i.e., the distribution of electric power.

P.G.&E. demurred on the ground, among others, that District failed to comply with the…