Pacific Bell Telephone Co. v. Southern California Edison Co.

Good Law
146 Cal. Rptr. 3d 568·2012 Cal. App. LEXIS 940·208 Cal. App. 4th 1400·2012 WL 3755747
Court of Appeal of CaliforniaAugust 30, 2012No. B230470California4,130 words

Opinion

Lead Opinion

Chaney, J.

Defendant Southern California Edison Company (Edison) appeals from the judgment entered against it following a bench trial in which the court ruled that Edison was liable to Pacific Bell Telephone Company (Pacific Bell) for just compensation in Pacific Bell’s cause of action for inverse condemnation. We affirm.

*1403 FACTUAL AND PROCEDURAL SUMMARY

The relevant facts of this appeal are not disputed. Edison has installed bird guards to prevent animal contact with energized components of its electrical facilities. Unfortunately, on January 11, 2006, near the intersection of Valley Street and Lyons Avenue in Newhall, these guards did not prevent a large bird from coming into simultaneous contact with an energized power line and grounded equipment on a utility pole, causing the bird’s death and a ground fault that sent electricity through Pacific Bell’s underground telephone cables, burning several of them. Although Pacific Bell was aware of the risk to its equipment from ground faults, Pacific Bell’s underground system was not designed to withstand such faults and was placed in the same trench as Edison’s facilities to reduce overall costs. The parties stipulated that the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.