State of Cal. v. So. Cal. Edison Co. CA4/2

BACKGROUND

In October 2016, Edison applied to Caltrans for a permit to encroach on a state

highway right-of-way to perform aerial utility work. In its application, Edison specified

that traffic breaks would be needed for it to perform the work and that the California

Highway Patrol (CHP) would conduct those traffic breaks. Caltrans issued the permit,

which provided that the CHP would conduct the necessary traffic breaks. Edison and the

CHP entered into an agreement for the CHP to perform specified traffic control services

on the day that Edison did the work covered by the encroachment permit.

According to the allegations in the operative complaint, Edison performed the

permitted work on October 23, 2016, and the CHP conducted the first traffic break early

that morning, causing traffic on the freeway to come to a complete stop. The CHP

2 “released stopped traffic, but a semi tractor-trailer remained stopped at the end of the

traffic queue because its driver fell asleep.” A bus then collided with the trailer, resulting

in the deaths of 13 people and injuring others.

Numerous lawsuits arising from the bus collision were filed. In 2017, Caltrans

was named as a defendant…