A major utility company is taking legal action against a communications firm for damages resulting from alleged negligence. On August 7, 2024, Pacific Gas and Electric Company (PG&E) filed a complaint in the Superior Court of California, County of Santa Clara, against Phase 3 Communications, Inc., alleging significant property damage due to negligent excavation activities.
According to the court documents, PG&E claims that on August 17, 2021, employees of Phase 3 Communications were operating horizontal directional boring equipment over PG&E's property in Morgan Hill. This operation resulted in substantial damage to a four-inch electric conduit owned by PG&E. The complaint states that this incident necessitated an emergency response from PG&E personnel to maintain electrical service continuity and subsequently required repair or replacement of the damaged line.
PG&E asserts that Phase 3 Communications failed to exercise reasonable care while working near its property. "Defendants owed a duty to PG&E to use reasonable care while working at or near PG&E property," the complaint reads. It further accuses Phase 3 Communications of failing to maintain and operate their equipment safely and responsibly. As a result of this alleged negligence, PG&E claims it has incurred damages amounting to no less than $41,535.97.
The utility company also cites a violation of Public Utilities Code Section 7952 in its second cause of action. This section holds any person liable for damages if they injure or destroy any necessary or useful facility or equipment of a public utility corporation through lack of proper care. "Defendants failed to exercise proper care... causing damage to the Line," states the complaint.
PG&E is seeking compensatory damages for both causes of action, totaling at least $41,535.97 each, along with interest and litigation costs. The plaintiff believes these actions are justified as they fall within the scope of protections offered by Public Utilities Code Section 7952.
Representing PG&E is Donald S. Urrabazo from Urrabazo Law, P.C., while the case will be presided over by Judge J. Nguyen under Case No.: 24CV444739.