Alexander

*255 Opinion

Pacific Gas and Electric Company (P. G. & E.) brought suit in Sutter County against defendant Michael Alexander, and in Tehama County against defendants Ralph Joseph Ramirez and Alfred Ramirez. In each suit P. G. & E. alleged that the defendants had been negligent in the operation of their automobiles, causing the destruction of wooden power poles belonging to P. G. & E. In each case defendants admitted liability, and the issue of damages was tried before the court sitting without a jury. Both trial courts issued findings of fact and conclusions of law. Judgments were entered in favor of P. G. & E. for $333.05 against defendant Alexander and $1,446.98 against defendants Ramirez. There were appeals in both cases, and we consolidated the appeals.

The sums represented by the individual judgments we consider here are relatively small; however, the issues presented ultimately involve very substantial sums by virtue of the astonishing number of poles which find themselves in the path of errant vehicles.

The appeals raise the issue of the proper construction of Public Utilities Code section 7952. The statute provides: “Any person who injures or destroys, through want of…

I dissent. In my view, depreciation is to be considered in determining damages for replacing wooden power poles. My conclusion merits further discussion.

P. G. & E. argues that Public Utilities Code section 7952 precludes a depreciation credit for the reasons expressed in Pacific Gas & Electric Co. *257 v. Mounteer (1977) 66 Cal.App.3d 809, 812-813 [ 136 Cal.Rptr. 280 ], The Mounteer court listed the many problems in determining the depreciation of utility poles: variations in ground and weather conditions, natural disasters, relocation, and underground placement of transmission lines. The court concluded that the Legislature knew of these problems and thereby eliminated them by disallowing a depreciation credit. (Id, at p. 813.) The reasoning is unpersuasive.

The extrinsic evidence of legislative intent (see Leg. History of Stats 1969, ch. 709, § 1, amending Pub. Util. Code, § 7952; Sen. Bill No. 939, introduced Apr. 8, 1969, amended in Senate May 13, 1969, amended in Assembly July 18, 1969; Enrolled Bill Memorandum to Governor (Sen. Bill No. 939) August 7, 1969; Leg. Counsel’s Report on Enrolled Bill, July 30, 1969. See also Cal. Legis. Reg. Sess. 1975-1976, Assem. Bill No.…

Pacific Gas and Electric Company (P.G. & E.) brought suit in Sutter County against defendant Michael Alexander, and in Tehama County against defendants Ralph Joseph Ramirez and Alfred Ramirez. In each suit P.G. & E. alleged that the defendants had been negligent in the operation of their automobiles, causing the destruction of wooden power poles belonging to P.G. & E. In each case defendants admitted liability, and the issue of damages was tried before the court sitting without a jury. Both trial courts issued findings of fact and conclusions of law. Judgments were entered in favor of P.G. & E. for $333.05 against defendant Alexander and $1,446.98 against defendants Ramirez. There were appeals in both cases, and we consolidated the appeals.

The sums represented by the individual judgments we consider here are relatively small; however, the issues presented ultimately involve very substantial sums by virtue of the astonishing number of poles which find themselves in the path of errant vehicles. [1]

The appeals raise the issue of the proper construction of Public Utilities Code section 7952. The statute provides: "Any person who injures or destroys, through…