Dale v. Sierra Pac. Power Co

C019135 (Cal. Ct. App. June 28, 1995) ; Clearinghouse Number: 44923

Description

Disabled Consumer Whose Application for Electric Service Was Denied Suffered No Damages from Utilities Shutoff

Abstract

The California Court of Appeal has affirmed the lower court’s dismissal of plaintiff consumer’s challenge to defendant utility company’s refusal of electric service to her. Plaintiff, an insulin-dependent diabetic who receives disability benefits and lives in a rented a condominium, needs refrigeration, and hence electricity, to store her medications. Plaintiff and her landlord arranged to have the electrical service to plaintiff’s apartment terminated so that plaintiff could initiate service as a customer in her own name. However, defendant refused because plaintiff had not paid off a default judgment entered against her for electrical service at a previous apartment. Plaintiff claimed that defendant breached its duty not to terminate service on a showing of medical necessity and that its actions constituted negligence per se. Finding that defendant breached its statutory duty not to terminate medically necessary electric service, the lower court granted plaintiff’s pretrial motion for partial summary judgment but subsequently ruled against plaintiff on all counts. On appeal, plaintiff argued that the lower court erred in issuing a judgment inconsistent with its pretrial ruling in her favor. The appellate court saw no inconsistency in the trial court’s finding that, although defendant was liable to plaintiff for terminating service to her unit, plaintiff had suffered no damages. Moreover, the finding of no actual damages barred plaintiff’s negligence claim.

Additional Information

Attorney Information
Plaintiff represented by Daphne Macklin, Legal Services of Northern California, 190 Reamer St., Auburn, CA 95603, (916) 823-7560
Docket Date
1995-06-28 00:00:00+00:00

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