San Diego Gas & Electric Company vs Tesla Energy Operations Inc Document 1

Superior Court of California, County of San Diego
Case No. 37-2020-00046020-CL-PO-CTL
Filed December 15, 2020

Complaint Demanding Less than $10,000 filed by San Diego Gas & Electric Company. Refers to: Tesla Energy Operations, Inc.; Parks, Jennifer

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LEVY & NOURAFCHAN, LLP
JENUS K. NOURAFCHAN, Bar No.NAZILA Y. LEVY, Bar No. 9454 Wilshire Boulevard, Suite Beverly Hills, California Telephone: (310) 274-Facsimile: (310) 888-E-mail: Jnourafchan@LNfirm.com
Attorneys for Plaintiff,
SAN DIEGO GAS & ELECTRIC COMPANY

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN DIEGO

HALL OF JUSTICE - LIMITED CIVIL ACTION

SAN DIEGO GAS & ELECTRIC COMPANY, ) CASE NO.
)
) COMPLAINT FOR DAMAGES
Plaintiff,
)
vs.
) (Under $10,000.00)
)
)
TESLA ENERGY OPERATIONS, INC.
)
FORMERLY KNOWN AS SOLAR CITY
)
CORPORATION; JENNIFER PARKS; and
)
DOES 1 through 50, inclusive,
)
)
)
Defendants.
)
______________________________________ )
Plaintiff, SAN DIEGO GAS & ELECTRIC COMPANY, alleges against defendants, and each
of them, as follows:

GENERAL ALLEGATIONS
1.
SAN DIEGO GAS & ELECTRIC COMPANY ("Plaintiff") is, and at all times relevant

hereto was, a corporation duly organized and existing under the laws of the State of California, certified

by the Public Utilities Commission of the State of California to engage in the transmission and

distribution of gas and electricity for heat, power and other purposes to communities in Southern

California and doing business in the County of San Diego, State of California.

2.
At all times mentioned, Plaintiff owned and maintained certain gas and electric facilities
COMPLAINT FOR DAMAGES
Page 2
at the hereinafter described location in the above-entitled County and State; said facilities were necessary

and useful to Plaintiff in its service to the public.

3.
Plaintiff is informed and believes and based thereon alleges that at all times mentioned

herein, Defendant, TESLA ENERGY OPERATIONS, INC. FORMERLY KNOWN AS SOLAR CITY

CORPORATION, was a Corporation, authorized to do and doing business in the in the County of San

Diego, State of California.

4.
Plaintiff is informed and believes and on that basis alleges that Defendant, JENNIFER
PARKS, is an individual and resides in the County of San Diego, State of California.
5.
The true names or capacities, whether corporate, representative, or otherwise of

Defendants named herein as DOES 1 through 50, inclusive, are unknown to Plaintiff who therefore sues

these Defendants by such fictitious names. Plaintiff will amend this Complaint to allege their true names

and capacities when ascertained. Plaintiff is informed and believes that said Defendants are responsible

in some manner for the occurrences proximately caused by such Defendants. [Hereinafter, Defendants,

TESLA ENERGY OPERATIONS, INC. FORMERLY KNOWN AS SOLAR CITY CORPORATION;

JENNIFER PARKS; and DOES 1 through 50, inclusive, will be collectively referred to as

“Defendants”.]

6.
Plaintiff is informed and believes, and based thereon alleges that Defendants, and each

of them, were the agents and/or employees, contractors, co-venturers, partners or in some manner agents

and/or principals for each other and at the time of the incidents which comprise the complaint herein,

were acting within the course and scope of said agency and/or employment, with the consent, approval,

and knowledge of each remaining Defendant.

7.
Plaintiff is informed and believes, and based thereon alleges, that the conduct of each
Defendant was authorized and/or ratified by each remaining Defendant.
8.
Plaintiff is informed and believes that each of the acts, circumstances, transactions and

happenings mentioned herein occurred within the confines of the above-entitled judicial district for the

County and State mentioned above.

FIRST CAUSE OF ACTION

(For Property Damage For Negligence)
COMPLAINT FOR DAMAGES
Page 3
9.
Plaintiff realleges and incorporates by reference each and every allegation contained in
paragraphs 1 through 8, inclusive, of this complaint as though fully set forth herein.

10.
Plaintiff is, and at all times mentioned herein was, the owner of a certain secondary

service line and transformer located at or near 10133 Paseo Palmas Drive, Lakeside, CA
(hereinafter “electric facility”).

11.
On or about December 16, 2017, Defendants and each of them, were performing work

at or near Plaintiff’s electric facility. At said time and place, Defendants and each of them so

negligently, carelessly and recklessly operated, controlled, maintained, and directed their work as to

cause damage to Plaintiff’s electric facility.

12.
On or about December 16, 2017, Plaintiff discovered the damage to its electric facility.

13.
As a direct and proximate result of the wrongful acts of Defendants and each of them,

Plaintiff has sustained damages in the amount of $4,720.03 for company and contract labor, materials,

and the reasonable cost of repair plus interest thereon at the rate allowed by law from December 16,

2017.

14.
Defendants were billed for these damages on or after December 16, 2017. Despite

Plaintiff’s demands, Defendants have failed and still fail to pay the sum due and owing or any sums due

and owing to Plaintiff.

WHEREFORE, Plaintiff prays for judgment as set forth below.

SECOND CAUSE OF ACTION

(Trespass to Chattels)

15.
Plaintiff realleges and incorporates by reference each and every allegation contained in
paragraphs 1 through 14, inclusive, of this complaint as though fully set forth herein.
16.
On or about December 16, 2017, defendants, and each of them, wrongfully, intentionally

and without plaintiff's permission or consent damaged Plaintiff's electric facility when their equipment

and excavation activities caused damage to plaintiff’s electric facility.

17.
Defendants and each of them were aware of the existence and location and plaintiff’s
electric facility.

COMPLAINT FOR DAMAGES
Page 4
18.
As a direct and proximate result of the wrongful acts of Defendants and each of them,

Plaintiff has sustained damages in the total sum of $4,720.03 for company and contract labor, materials,

and the reasonable cost of repair plus interest thereon.

WHEREFORE, Plaintiff prays for judgment as set forth below.

THIRD CAUSE OF ACTION

(Cost of Repair Under California Public Utilities Code Section 7952)

19.
Plaintiff realleges and incorporates by reference each and every allegation contained in
paragraphs 1 through 18, inclusive, of this complaint as though fully set forth herein.
20.
On or about December 16, 2017, Defendants, and each of them, through want of proper

care, damaged necessary or useful facilities of Plaintiff when they negligently and carelessly operated

a drill at or near said facilities causing plaintiff’s electric facility to be damaged, and are therefore liable

to Plaintiff for the cost of repairing the same under Public Utilities Code Section 7952.

21.
On or about December 16, 2017, Plaintiff discovered the damage to its electric facility.

22.
As a direct and proximate result of the wrongful acts of Defendants and each of them,

Plaintiff has sustained damages in the total amount of $4,720.03 for company and contract labor,

materials, and the reasonable cost of repair plus interest thereon.

23.
Plaintiff has liquidated this claim for damages by performing calculations in accordance
with California Public Utilities Code Section 7952.

WHEREFORE, Plaintiff prays for judgment against Defendants and each of them as follows:

1.

For reasonable damages in the sum of $4,720.03, and interest thereon at the rate allowed
by law from the date of each incident;

2.
For attorneys’ fees, if applicable;

3.
For costs of suit incurred herein; and

4.
For such other and further relief as the Court may deem proper.

DATED: December 15, LEVY & NOURAFCHAN, LLP

Jenus K. Nourafchan
By: ______________________________
JENUS K. NOURAFCHAN
Attorneys for Plaintiff, SAN DIEGO
GAS & ELECTRIC COMPANY
COMPLAINT FOR DAMAGES
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