ML022480261
| ML022480261 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/27/2002 |
| From: | Tanner P - No Known Affiliation |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM | |
| Download: ML022480261 (11) | |
Text
UNIIIL) SIA'IhS 5AN&IKUI1CY UUUKI Northern District of California In re: ) Bankruptcy No.: 01-30923 DM
) R.S. No.:
Pacific Gas and Electric Company, ) Hearing Date: September 16, 2002
) Time: 1:30 p.m.
)
Debtor(s)
I Relief From Stay Cover Sheet Instructions: Complete caption and Section A for all motions. Complete Section B for mobile homes, motor vehicles, and personal property. Complete Section C for real property. Utilize Section C as necessary. If moving party is not a secured creditor, briefly summarize the nature of the motion in Section D.
(A) Date Petition Filed: April 6,2001 Chapter- 11 Prior hearings on this obligation: None Last Day to File §523/§727 Complaints:
(B) Description of personal property collateral (e.g. 1983 Ford Taurus): N/A Secured Creditor [ ] or lessor [ ]
Fair market value: $ Source of value:
Contract Balance: $ Pre-Petition Default: $
Monthly Payment: $ No. of months:
Insurance Advance: $ Post-Petition Default: $
No. of months:
(C) Description of real property collateral (e.g. Single family residence, Oakland, CA): N/A Fair market value: $ Source of value: If appraisal, date:
Moving Party's position (first trust deed, second, abstract, etc.):
Approx. Bal. $ Pre-Petition Default: $
As of (date): No. of months:
Mo. payment: $_Post-Petition Default: $
Notice of Default (date): No. of months:
Notice of Trustee's Sale: Advances Senior Liens: $
Specify name and status of other liens and encumbrances, if known (e.g. trust deeds, tax liens, etc.):
Position Amount Mo. Payment Defaults 11 Trust Deed:_$_$ $
2"d Trust Deed: $ $ S (Total) $_$
(DY - Other nertinent information: Movants seek relief from stay for cause to pursue state court litigation.
Signature Paula V. Tanner Print or Type Name Attorney for Movants Rodney and Karen Bughao o6 CANB Documents Northern District of California
- 1 Paula V. Tanner. Bar No. 0887'90 i MEMORANDUM OF POINTS AND AUTHORITIES Law Offices of P;aula V. Tanner*., .
2 1006 4d' Street, Suite 302 2 On November 8, 2000, prior to the commencement of this case, Movants filed in the Sacramento, CA 95814-4503 .
3 Sacramento County Superior Court a complaint for damages for property damage and trespass. A Telephone: (916) 446-8877 4 Facsimile: (916) 446-8871 4 copy of the complaint appears as pages 4-10 to the declaration of Michael L. Johnson, filed 5 Attorney for Movrants 5 herewith.
- Rodney and Ka ren Bughao f...
6 6 Relief from stay for cause Is governed by I I U.S.C. §362(d), which provides in pertinent 7 7 part that the court shall grant relief from the stay... (1) for' cause...
8 - UNITED STATES BANKRUPTCY COURT 8 "A bankruptcy court has great discretion in its ability to lift the automatic stay.' Garberv.
9 ' N6RTlIERN 9 DISTRICT OF CALIFORNIA 9 National Union FireIns. Co. (In re Garber), 2000 U S. App. LEXIS 11778 at *4 (9th Cit. 2000).
10 SAN FRANCISCO DIVISION 10 Various factors have been cited for consideration in stay proceedings to allow non i1 bankruptcy litigation to go forward. Twelve such factors were listed by the court in In re Curtis, 11 12 In re: Case No.:1 01-30923 DM 12 40 B.R. 795 (Bkrtcy. D.Utah 1984). Factors pertinent to the instant case are:
13 PACIFIC GAS AND ELECTRIC COMPANY, a Califorma corporation, Chapter 11 Case " 13 (1) Whether the relief will result in a partial or complete resolution of the
-- I I issu es . I, , . . , p,,
NOTICE OF MOTION AND 14 14 Debtor. MOTION FOR RELIEF FROM (2) The lack of any connection with or interference with the bankruptcy case.
AUTOMATIC STAY; . 15 15 MEMORANDUM OF POINTS
" (4), Whether a specialized tribunal has been established to hear the, AND AUTHORITIES 16 particular cause of action and that tribunal has the expertise to hear 16 such cases..
DATE: I September 16, 2062 '17 17 TIME: 1:30 p.m. (7) Whether litigation in another forum would prejudice the interests of 18 CTRM: 22 18 other creditors, the creditors committee and other interested parties.
(10)The interest of judicial economy and the expeditious and economical:
19 determination of litigation for the parties.
20 NOTICE AND MOTION 21 - (12). The impact of the stay on the parties and the balance of hurt.
21 NOTICE IS HEREBY GIVEN that on September 16, 2002, at 1:30 p.m., or as soon 22 thereafter as the matter may be heard, a hearing will be held on the motion of Rodney Bughao and 22 In re Cureis. 406B R. at 799-800.
23 Karen Bughao ("Movants') for relief from the automatic stay of 11 U.S.C. § 362(a) to permit 23 Movants seek relief from the stay to permit them to proceed with their state court action for 24 Movants to liquidate the amount of their claim in their pending state court action agaltit Pacific 24 the sole purpose of liquid'sg th amount of their clali. ThIs aspect of Movants' claim may be 25 Gas and Electric Company ("Debtor'). The motion will be heard; in the United States Bankruptcy 25 completely resolved in the state court, leaving collection on such claim to Movants' remedies as 26 Court, Courtroom 22, 235 Pine Street, 22nd Floor, San Francisco, California. 26 general unsecured creditors in Debtor's bankruptcy case. Movants specifically do not seek relief 27 Respondent Pacific Gas and Electric Company is advised to appear at the prelitminary 27 to proceed with any collection efforts on any judgment they may obtain in state court other than by 28 hearing at the time and place set forth above. 28 way of their claim in the bankruptcy case. Thus, the state court action will not interfere with the Notice and Motion for Relief from Stay 1' Notice and Motion for Relief from Stay 2
Sd orderly administration of the bankruptcy case or with the assets of the bankruptcy estate.
For these rnrgn, Movanth reqiest an order lifting the automatic stay to permit them to 2 "Where neither prejudice to the bankruptcy estate nor interference with the bankruptcy proceed with and complete prosecution of the state court-action, any collection activity to be 3 proceeding is demonstrated, the desire of a stayed party to proceed in another forum is sufficient limited to Movants' rights as creditors in this bankruptcy case.,
4 cause to warrant lifting the automatic stay." Canerv. Larkhiam (In re Larkham), 31 B R. 273, A proposed order is attached hereto as Exhibit A'.
5 276 (Bankr. D Vt. 1983).
6 The legislative history of the stay provision under the [Bankruptcy Act 1978]
- 1. indicates that actions which pose "no great prejudice to the bankruptcy of estate" Dated: *4..' * ~ - LAW OFFICES OF PAULA V. TANNER 7 should be permitted "to continue in their place of origin ..... in order to leave the parties to their chosen forum and to relieve the bankruptcy court from many duties 8 that may be handled elsewhere." S. Rep. No 989, 95th Cong. 2d Sess. at 50 (1978). 1 By: /,,eL,",Ja4L",
9 Paula V. Tanner Attorney for Movants 10 Ibid. Rodney and Karen Bughao 11 Further, the state court is the forum typically utilized for the liquidation of property 12 damage and trespass claims such as those asserted by Movants, and there is no reason to deplete 13 this court's time in resolving this matter. Thus, the interests of judicial economy and the 14 expeditious and economical determination of litigation for the parties weighs in favor of relief 15 from stay.' Nor is there any reason to suppose that lltigation in the state court would prejudice the 16 interests of other creditors, the creditors committee or other interested parties in the bankruptcy 17 case, especially in light of the fact that Movants will seek payment on account of their claim only 18 through the bankruptcy process.
19 Finally, in considering the impact of the stay, the court must balance the hardship to 20 Movants of maintaining the stay versus the hardship tolth6 Debtor of lifting the stay. Matter of 21 Robertson, 244 B.R.: 880, 883 (Bankr. N.D.Ga. 2000).ý In this case, Movants have a claim against 22 the Debtor that remained unliquidated as of the date of Debtor's bankruptcy filing; they have a 23 right to liquidate that claim so as to be able to participate as general unsecured creditors in 24 Debtor's reorganization. There is no reason to believe that the burden on Debtor would be any 25 more onerous to liquidate this claim in state court than in this court. See In re Fowler, 259 B R.
26 856, 861 (Bankr. E.D.Tex. 2001) 27 NfI 28 Notice and Motion for Relief from Stay 3 ,
Notice and Motion for Relief from Stay 4
I 1 Paula V. Tanner, Bar No. 088790 1 collect, assess or recover any judgment or settlement for the payment of money that may be Law Offices of Paula V.-Tanner - , 1 2 entered in such case against PG&E, other than pursuant to'a properly filed proof of claim in the 2 1006 4th Street. Suite 302 3
Sacramento, CA 95814-4503,! .
Telephone: (916) 446-8877..1 i : , .
4 Facsimile: (916) 446-8871 3 within Chapter 11 case.
4 I
5 IJLe4 5 Attorney for Movants Denmis Montah Rodney and Karen Bughao ' . 6 United States Bankruptcy Judge "6
7 7
if', .I 8
8 UNITED STATES BANKRUPTCY COURT 9
9 , NORTHERN DISTRICT OF CALIFORNIA 10 10 SAN FRANCISCO DIVISION 11 12 In re: Case No :1 01-30923 DM Chapter 11 Case i1 12 13 13 PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, ORDER FOR RELIEF FROM 14 14 Debtor. AUTOMATIC STAY 15 15 DATE: September 16, 2002 '4" 4.
TIME: 1:30 p.m. 16 16 CTRM: 1122 ,, fl ,.
17 17 18 18 The court having considered the motion of Rodney Bughao and Karen lBughao (*Movants")
V 19 19 for relief from the automatic stay of 11 U.S.C. § 362(a) to permit Movants to liquidate the amount 20 20 of their claim in their pending state court action against Pacific Gas and Electric Company
("PG&E"), and good cause appearing, 21 21 IT IS HEREBY ORDERED that the automatic stay of 11,U.S.C. § 362(a) is hereby 22 22 with and complete prosecution of 23 23 modified for the limited purpose of allowing Movants to proceed ,It 24 24 their state court action entitled Bughao v. Pacific Gas and Electrri Company, Case No.
25 25 OOAS06155, Superior Court of California, County of Sacramento, to a final judgment; provided, 26 26 however, that nothing herein shall be deemed to allow Movants, or either of them, to enforce, I// it i 27 27 28 I/'
28 Order for Relief from Stay 1 EXHIBIT P Order for Relief from Stay 2
- g. '
, ,8/27/2092 16!24 916-789-6238 UNION PACIFIC RR CO. PAGE 02/02 gýe-IJ -WW Win4 FFK1 151 orc Pq&LA tU Ts14im~ Mf 7092!O P.M Paula V. Tahner, Bar No. 088790 3. 1 tave caused to be flied In this bankruptcyase a torail proof of elaim on behalf of Law Offices of Paula V. Tanner Movxrft for Thedamuges asserted by then in tdie aw court action. A copy is attached hreto sal 2 1006 4" Street, Suite 302 Sacramento, CA 95814-4503 - . marked pagel 4-10, undew co Yer of a letter from Robert Berg= and Assoclate, L.,
.3 Telephone: (916) 446-8877 axbs recirt ott Celaim (page 3).
!edfog 4 Facsimile: (916) 446-8871 4. Eyway of the presnt moton, Moymtt eek relief ftm the fta to p it theOm to 5 Attorney for Movants ... proceed with their sate court ac.tion for tdo sole mhsrpos. of liquidatinig fthnweao of their claim~
- Rodney and Karen Bughao 6 This aspect eoMovmh' olait may be completely reolved hI the stte cot, leaving collection on 7 toch Claime to Movaln' re tmedu nra tmf teM mrdltosi inthis banbiptcy case.
as 8 -... UNITED STATES BANKRUPTCY COURT 5. Mo" specifically do nt seek relief to proceed with any Cwil1cdon off"-a on "y Judgmen tley may otiala In the able cotrt action other lhan by way of their claim I tla 9 NORTHERN DISTRICT OF CALIFORNIA 10 "SANFRANCISCO DIVISION banlauptc7 caa. Thug, I do We believe the Wtt cutu action will ftruerm with die onterly adfminlstnaloss of tbB bantroptry cass of with ItoeInds of the bad="tc etmue.
11 I decifte under fte penialty otpe1jury dhat the foregon hstrue andS?cne and that his 12 " re: " Case No.: .01-30923 DM dechataion is etecuWe at Roseville, California, on fthdmaft re OW.
PACIFIC GAS AND ELECTRIC - Chapter 11 Case 13 DECLARATION OF MICHAEL COMPANY, a California corporation,
' ' " "Deb~torLARATII ONI"UPOMICAE RT 14 L. JOHNSON IN SUPPORT OF b ebitor.
' 4-4-4MOTION FOR RELIEF FROM A5 AUTOMATIC STAY,.,
16 DATE: September 16, 2002 17 .. . - .1 '.TIME: .22 CTRM:
1:30p.m.
18 19
- I, Michael L. Johnson, declare:
20 1. I am counsel of record for Claimants Rodney Bughao and Karen Bughao ('Movants')
, 21 in Bughao v. Pacific Gas and Electric Co;npany, Sacramento County Superior Court Case No. W dm 22 00AS06155 ("the state court action'). A copy of the complaint I filed on their behalf in that action 23 is attached to the proof of cilani I riled in this bankruptcy caseý which In turn is attached hereto 24 and marked as pages 4-10 for ease of reference.
25 2. By W~ay of their complaint, Movants assert that home was damaged on or about
"'eii Deelseat of Mthtel r-,jobofo 2 26 September 1, 1998, when PG&E's high voltage wires fell from their poles and draped across the 27 property. A more detailed description of the damages alleged is set forth in my letter of June 28, 28 2000, to Harry Robinson, of PG&E, a copy of which is attached hereto and marked pages 11-13. TnFt. P.03 Declaration of Michael L. Johnson
I1 U4I14 PACIFIC FR M., PMtE 02/11 UNIE11PACIFIC PR &O PAG.E 01111 081/27/2M45 10:19 916-789-6238 W827/20i02 13*19 916-789-6230 3 02 1-01i IRoDwlY BUGHAO --L JUN 25 2001 W
michael v p-w-L. JohnsonA-dor I = ~... ' 9 a&wr0MF i~Ui~t1o ft~
10031 Foothills Elvdc. Suite 200 OW a w -I flIb Njrk1t(CA CA 95747 tmwop. wa toh6~ :6 RoaeVU18l, onlys~tm 04 RODNEY £ItJGHAO roiahA-emobw 1916) 7891-6221 S~ ____
MICHAEL 1.JOHNSON obb-- Chknml r"d~
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- 10031 FOD)THLLS BLVD SUIE 200 Sac. SeroCOur 0AS06155 ROSEVILLE, CA 95747 ElA 0 it.,.44 oTun Your Proof of Claim has been received by this office on Monday, June 25. 2. i.6uW iit lde temils' 1a.50 2001 and it has been assigned Proof of Claim number 298. 4TCM Af6orta ':: cw1Iet Cbak..
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088/27/2002 16:19 916-789-6238 11(104 PACIFIC FZR0W, P% 51 82/82 1.9 567963 PAGE 05/11 ý8/2712002 10.19 916-789-62,38 u-1Iiti PACIFIC PR CO. PAGE es/u SMAiTTIT11 CASEiMJUGP SHOfRT Tfrlt-t I BUGIJAD v. PG&E CAS1
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BUGTIAD v..PG&E CGMPLtmE-Persnalminjuy, Pmropety Dermge, WfteMg Death (Ccorlleuecij Ste..- FIRST .. CAUSE OF Acno01i-Premists LriaTilty page Fornr 7.-M @Susdle Thultra reugUdm i i ~fa~ tthlf dcaredw ATTAOIS.ENTO fl2Coiain~t flC-Be-CoVaimakt C3 lowiS n Cornipiatne-Afrhnerra Ile MaslceW.
(Use.a apwaoftcme of scdw bint Itreac, Cause of.dfam) t'rnw-i- PtshItft(hneki Rodney and Karen BtiglnG liages theacbe ofcaiendmnts ewer theslegat (pnzhrne) cxus ddnge'. in piddlE
& ?-bImmtinae06wd Dn'WA)I 9/i/gapa98 ~u t c~sgmssutf~im CK o fmeo rp tilit~ttsiofia rsfasth~$.At 420 Arches Ave, El Dorado I CJ hsmpb and i-cla eormes Gener- denage plsintitffs' home, was electrocuted by detendeot's high Sproptrtyd-age Cibseifwtsgeapeciiy voltage wires when they fell from their poles and drapecd across the property of-plhintiffs contactingi many electrical devices and causing an electric surge throughout the home.
o ReleokofsaV rni axrrlnftdis wil hmjfrbdajocr irts coca. 4
- 10. PLAWIIFF-PRANlU Pmrnl4. [M Ceont ope-*J911genne The &dstsdar who ,nefleifly owedaL nmfrhtaned, nnmgsd and opendfed Porjumlgnret'r asscletor af for M6 moes is'Q,)E wQ~a*M o teodtewetdPem1eawe(-asee Pacific One and Electric Company Mr (Superfar C-Ma ccadbv to pad Eo0rteqaed'r Punitive damages according to proof. Praidt~l (M2Cowe Two-WIimb Fswm to mearKMvot f £4q lie defeudantoamen wo vsire o wdolon inlomrstybledhiovgudo&nm sum-e a dwttstem isthi. umabstrxtt, is Adty a tiauwsr Pacific, (;as end Electric Company P~tES a neeati~tef.U an kltugamet Ma yng gues it.'Ii fhx~gdalo cu elehdand the matunwtul Vbmv aippy hInecah:te ime Macht orb here orm PnL40Court Tn-sgmaConitionca at Pehito Property The do-sdats W-i -- ed pu"1a pureloy mre aumues ufebr adios ad) on wt"i a darmesm condtton exsed wer ts(na-s)
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Er OmthpeqyJ- Trespeass Ii. C3 The concliforwee IetetrenitV1yeeo dftedmeondefl PutfC oly Prerntu-8 LM A5.ttdtioim mboutGther Defendants The doefridfl SVt Wemretoot" and Mipflaes 01116e Dateds November, L§ 200ts. cthe delerefre and erred w~in uhire scop of t. s~to"WO emtnpranw4 Emlbee 11 tot b C Ths (doferttdi Who WOW 113~3In fJiffsWYothcierreIssue med tirereea-t forthire flAbIitYare
.... .. IC.E L ....... *S~. . MCrbsrsobedbiatebimenft~rrmr.L-b Catl~okmftwn'es COMPLAINT-Pmaroet tnjury. Property Damsge,. -ý-ý-7 Pe.eno we.gerar geec Wronglul Death (Continued) I railop4n flea e..-r rjus L~? ccr tie is eaeXrd CAUSE OFACTIDN-~PresWm~stY 7- 2
0B/27/2GO2 10:19 916-781-6.38 "
PAGE* 017/11 / UNIHii PACIFIC RR CC, ' PAG 08iIL 09/27/2902 1e:19 916-789-1238 tI E*,4 PACIFIC FR Col,.
{N sHo-rTnme. BUGHACI v. PACIFIC GAS A0D ELECTRIC COMPANY, cAsteh.ut.
BUGFfAO v. PGi-E SECOND CAUSE OF ACTIOt-.leneal Negligence liege Five.... T0-IR CAUSE OF AGnON-TRESPASS
- P, Six ATTAf~ONETTO M- C" C~~p3etL Q1-C-02"W AT1V01EWT7O un CWVu~ki C3 Cmu.C " tg ohsM ampai-sag csedsobnki mmIteaedi a4,80f'0db) foreacii acmedba
( a ieomm ,,M . ciseft cN-tPi~nIW(flamPk RUDKEY BUGHAO, KAREN BUGIIAO, et aIq GN-WI.PMffPwn RODNEY BUGHAO, et al.
tdeifdt" ,.nA" PACIFtC GAS and ELECTRIC C0MPANY akf-lgWdsfrWi8nm(tPACIFIC GAS and ELECTRIC COMPANY t., t 4
" J**,*'__[
fit oi(d*,a sCl*mgatov4aAchesk"v',
Septeflibri1, ,1998? Do
.,; -' "aI, CA
- I_
4 Wengtil o aihod (P a dofe da, rh&VI
,t#* 420 Arches Avenue, EL Dorado Hills, CA ... anfag*. September 1, 1998 stnib-t 420 Arches Avenue*, El Dorado Hills," CA.
- 1. Fai.ling to propni-y znsperi t monitor ;r maintain the r ' ' : Treapass ai 3333 "
high vbltagaei.nea runnrig adjacent to plaintiffs, property. 1. On oa about September 1; 1998, plaintiffs mvere in poslession of certan real property situated at 420 Arches Avenue, El Dorado Hills- El Dorado County,
,,,2.'- Knowingly deferrin& maintenance or inspection o0 such linias due to .the anticipated replacement of such 'lines California..
with higher voltage Lines and new poles. ,' "'. On Septcrn~b ' 1 1998,nd,.4§for a period ofseven (7) years, plaintiffs 2.
It 3. A-Ilowinnghigh,voltage i-ies to d op'from their "wereusing the Froperty dicrnbed in paragraph Ia s their home.
position onthe.power1 ,poles onto the res1denc6 of plaintiffs.
- 3. Oht 61 about September 1, 1998, dcfcndants, 'ivithti~n.the consent Or-.
- t4 authority and against the will of the plaintlffs, ýnteied onto the property described In paragraph I ais foll6": -Byal lng ori inislng hgh oltage lines to fall onto plaintiffs' .
1,'-' I,.
- ?It'9 - .34 4. Prperty.I
- I 4.' FrounSeptcmbier 1" 1998 until Pebruar 19,1999. defendants entered the property described in paragraph I and remaired there f6r)66st of the day to 4 - 4
"- effectuate repairs, iia the proet habitablecontraet for necessary repairs and 4',,'
"othfvtsedeprive ilaintlffs of their rasideici while attempting to effectuate repairs,
-I -'
I ' 1'
- 5. '- By reason of deferndants' conduct, the value of the property described in
- '* -c I I paragraph I 1br the use spedfled In paragraph 2 has been Impaired to plaintiffs' damage in excess of the jurisdictional mirdmum, the amnoufit to be proven at trial I 4" 1 6." - By reason of defendants' conduct, plaintiff has been deprived of the use V. . 4 44
-- nnd 'iossessicn of the property for i period of 5 %mrntls, t.'e:, S~pteziber 1, 1998 to 1'4 4, 1 -V February 19, '-999,1tb plaintiffs' damage in art amount to be proven at tuial:
-,, -4 1
' '77. , Deferidants' Intenti"nal delay In maintenance and lack of inspection due
-l a- to a scheduled replacement of theý subject poles and wires caused p0n1lffs' damages hereina~bove incrkntionecL
- 8. That intentional delay In reckless disregard of plaintiffs'rights subjects
- Aw bf -wT -O-UP I defendant to ;n as~essmrent of punitive dariiakes,"
"LmCAUSE OF ACTION-G~em-9 Negligence UM 42. -drn2 CP 42511 C=AUSE DFACT101,- TRESPAS S CAUSEOFACIION-TRESPASS CCF41&12
BV/2712kM2 10.19 916-789-6238 MICIH PACIFIC FR CO.
PAGE 5/i11 00/27/2002 10.19 916-789-6238 U4IoN PACIFIC PR 00. PAGE 1V I I Harry Robinson MICHAEL L. JOHNSON P G & 1E.Clains Investigator Attorney At Lw June 28, 2000 10031 Footlill floulevard, Suit. 200 Page 2 Rosevifla, California 95747-7101 (916) 789-6221 transportation ror their children to attend their community school, invest innumerable hours in overseeing the restoration work and mnmerous other effects ot(
June 28, 2000 their tune and psyche.
It Is reasonable to assess these damages in a structured framework. [ have Harry Robinsori determined thaf the best structure for the analysis is to look at the days and months PG. &*1. Claims Investigator that the Bughad's were disenfranchised and place a monietazr value on those days and Sierra Division months. Clearly, distinctions can be drawyn betweenthe severity of the Initial anxiety Safety. Ifealth & Cairrs of wondering where their children would sleep in the days immediately following the 1050 High Strert, Third Floor damage and the inconvenience In the later months of having to meet with contractors Auburn, CA 95603 for the purpose ;f assuring themselves the r~storation was progressing satisfactorily.
Those types of distinctions will be evident in the breakdown of what I consider to be Dear Mr. Robinson. fair compensatudn for this damage on a daily baWs."
I have bem retained by Rodney and IKaren Bughao to represent them in their The first week following the destruction of so much of the Bughao home claim against PG & E for incidental damages that they suffered as a result of the should be comp ensated at the highest level The day of and those days immediately September 1, 1998 fail onto their home and property of your high voltage line. It is following having your home damaged to the point of being uninhabitable are very my intention by this letter to provide you with the details of the claim In the hopes traumatic. One does not need to employ any imagination to be able to relate to of resolving the matter short of litigation. Obviously, the valuatlons stated herein are having to take up residence in a hotel, not being able to have your personal effects, conveyed In the spirit of settlement negotiation and will not be admissible In any explaining to th,: three young children your uncertainty of shelter and clothing, etc. r litigation per the California Evidence Code. If you are insured for this type of loss value those 7 days at $5,000 per day. Frankly, whether it is calculated daily or you should forward this demand to your Insurance carrier forthwith. simply at the tune of the initial insult to the home a $35,000 payment In compensation foi that anxiety and annoyance is quite reasonable.
I understand that the basic facts of this occurrence are well known to your company. Briefly, on September 1 1998 the high voltage line that passes via After the first week the Bughao's continued td reside in'a hotel in Folsom for easement to the south of the Bughao residence at 420 Arches in MIDorado Hllls another week utirl a being relocated to a larger hotel (on September 15, 1998) snapped from Its. securement and fell making contact with the Bughao pool further away In Xancho Cordova where they lived until October 10, 1998. Neither equipment. The charge to that equipment then caused a high voltage surge hotel was In the community the Bughan's lived thus depriving the children (and throughout the Hughao home causing extensive property damage from the Rodney and Karen to a somewhat lesser extent) of being able to carry on their lives as electrocution and resulting fires of and within the home. Liability for the occurrence they had done. Suddenly, to visit the neighbor children a cdmmute was Involved.
Is accepted and PG & E has mitigated its exposure by payment for restoration Attending school was also complicated by thai commute In that when at home the projects in the hwme and relocation expenses incurred. The remaining exposure is for children live within a very short walk of the school It goes without describing in the inconvenient e, anxiety and annoyanoe the Bughao family suffered by having to detail the tremendous inconvenience and annoyance a family of five suffers when move from their family home, relocate to three different residences, provide cramped into a hotel as compared to a 4 bedroom/3 bathroom home I value those 32 days at $1,0W0 each for a total of $32,000.
N; 12-
5, 0I UI[M PACIFIC FR CO, PAGE I1/11 8SI27/2002 L[:19 916-789-6239.
Harry Robinson PG. & E. Claihs Investigator rune 28, 2000 Page 3 Next, the Bugh-ao family is provided a rental home in El Dorado Hills that although better than a ho'el room Is still not adequate and is a distance away that contributes daily to the hassles the family must endure to carry on witl their daily lives. The days In that house also include new uncertainties of wondering how long It will be before life is bade to normal, will the Arches home in fact bý habitable given the damage that ha; been done and the genuine fear of moving back Into the house that could have caused any mem~brof the farpily to have been severely injured 11not killed. The days and amdeties accompanying them in this iouse I value at $500.00 per diy. The Bughao family resided there from October 10, 1998 to February 19, 1999 for a total of 132 days. That equals $66,000.
On Februarsy 19,1999 the Buhgao's are able to return home. Even then the annoyance contimues wvith unfinlished work, work that had lýeen done incorrectly, and the travails (prfrr.xly of Kar*n Bughao) now in having to Juggle her duties as a mother with thcs e of the necessities of working nith the contractors on maternals selections, achecutlng meetings, rescheduling meetings, etc. For each of the '1 remaining months of 0999 (and, In fact; continuing even attthis time Intermittently) items would crop up that required a diversion of tame and effort maidng it more than reasonable to value thOs remaining portion of the claim at $50.00 a day for the balance of theycir (111 days) "hlch equals $15M550.
p.
The anal*tls above le*ds io a total sum of $148,550.ý The Bughao's are prepared to accept i1-at stini'at this time in f compromise of their Claim for the Incidental damajxi arising out of the trespass of your high -voltagelines on their property. This denr'nd d6es riot include any outstanding 6bllgations, if any, for work done in restoring the property damage done or bills Incurred for expenses due to the families'disjiliuerneit' I would b! happy to discuss this matter with you at your corvenience. If there is no response by'August 3. 2000 1will be required to procded to litigation.
Thank yoi for your time imd consideration. I .
Very truly? yours, MLJ:pjl