Southern California Edison Co. v. Superior Court

Southern California Edison Company (SCE) has long-term contracts to purchase electricity generated by wind-powered turbines owned by Energy Development and Construction Corporation and San Gorgonio Farms, Inc. (referred to collectively as Energy Development). Each contract is divided into two “periods.” During the 10-year “first period,” Edison is required to pay a substantially higher price for the electricity than during the “second period.” A dispute exists between the parties as to when the “first period” commences to run. The trial court agreed with Energy Development’s interpretation of the contracts and granted summary adjudication of its cause of action for declaratory relief. Having no right of appeal from this ruling, SCE petitioned for a writ of mandate under Code of Civil Procedure section 437c, subdivision (Z). We issued an order to show cause. For the reasons set forth below we conclude the trial court erred in granting summary adjudication because triable issues of fact exist as to the meaning of the term “first period.”

Facts and Proceedings Below

In 1984 and 1985, SCE entered into contracts to purchase electricity produced by wind-driven turbines owned…