CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - WEDNESDAY, MAY 13, 2026

Motion for Summary Judgment Granted in Significant California Public Utilities Suit

Judge with gavel

At issue was whether California’s Public Utilities Code shifted the common law duty to maintain certain utility equipment in residential areas within Southern California.

May 12, 2026
Dolores Montoya - Bremer Whyte Brown & O'Meara LLP

Congratulations to Partner Mike D’Andrea and Associates Ruth Rasiah and Kaylah Abdullah in the Los Angeles office for obtaining a complete dismissal of their clients in a significant claim involving California’s Public Utilities regulations.

After lengthy litigation, BWB&O’s Motion for Summary Judgment was granted against Claimant, Spectrum (Charter Communications), which resulted in a complete dismissal of the action against BWB&O’s clients. At issue was whether California’s Public Utilities Code shifted the common law duty to maintain certain utility equipment in residential areas within Southern California. After significant briefing, the Superior Court found that BWB&O correctly argued that the Public Utilities Code required utility companies, like Spectrum, to fully maintain utility equipment, and that private residents are not responsible for utility maintenance (even if the physical equipment is located on private property).


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