Lowenschuss

Lowenschuss v. Southern California Gas Co.

Good Law
11 Cal. App. 4th 496·14 Cal. Rptr. 2d 59·1992 Cal. App. LEXIS 1396·92 Daily Journal DAR 16145·92 Cal. Daily Op. Serv. 9684
Court of Appeal of CaliforniaDecember 2, 1992B063723California1,833 words

Opinion

Opinion

Gilbert, J.

gas company, a public utility, knows that a rapidly spreading fire is approaching a neighborhood. Does it have a duty to purge gas from its pipes and house meters which may be in the path of the fire? No.

Oscar, Susan and Leonard Lowenschuss (Lowenschusses) appeal from the judgment in favor of respondent, Southern California Gas Company (Company), after the trial court sustained the Company’s demurrer to the Lowenschusses’ first amended complaint without leave to amend. We affirm.

Facts

In their first amended complaint, the Lowenschusses allege that, although the Company knew that a rapidly spreading fire, called the “Painted Cave Fire,” was approaching their neighborhood, it refused to purge gas from its lines and house meters because of the expense and trouble such action would entail.

They allege that as a proximate result of the Company’s negligent failure to shut off the gas to its lines, mains and meters, gas from the meter at their house “exploded, and caused a fire that destroyed [their] house.” They seek damages for the destruction of their house, for medical and other related expenses incurred.

The trial court sustained Company’s demurrer to this complaint…

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