Pacific Gas & Electric Co. v. Hacienda Mobile Home Park

Good Law
119 Cal. Rptr. 559·1975 Cal. App. LEXIS 1704·45 Cal. App. 3d 519
Court of Appeal of CaliforniaFebruary 24, 1975Civ. 34224California4,148 words

Opinion

Opinion

Scott, J.

Hacienda Mobile Home Park (hereinafter Hacienda) appeals from a judgment in favor of Pacific Gas and Electric Company (hereinafter PG&E) on its complaint and against Hacienda on • its cross-complaint.

The judgment quieted PG&E’s easement title across Hacienda’s land and, specifically, against Hacienda’s claim to a right to construct, erect or place mobile homes on the easement; enjoined Hacienda from such use on PG&E’s easement, which was determined to be a 15-foot area in all directions on the ground from the pole and line of wires; and further enjoined Hacienda from using the easement in any way inconsistent with or interfering with PG&E’s lawful use of the easement. The court also found against Hacienda on its claim for damages.

Hacienda, a limited partnership, owns a parcel of realty in Pleasanton on which it operates a mobile home park.

In 1943, PG&E purchased, for $225, a right-of-way from Rose Delpiano, Hacienda’s predecessor in title. This right-of-way was recorded on February 15, 1943. The document conveying the right-of-way from Delpiano to PG&E was a printed form used and supplied by PG&E. A 60-kilovolt line was constructed in 1943 to supply power to the…

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