Modification: Pacific Gas & Electric Co. v. Superior Court

PACIFIC GAS AND ELECTRIC COMPANY et al.,

Petitioners,

v.

THE SUPERIOR COURT OF SACRAMENTO COUNTY,

Respondent;

RICHARD ABI-HABIB et al.,

Real Parties in Interest.

No. C085308

(Super. Ct. No. JCCP4853)

California Courts of Appeal

Third Appellate District

(Sacramento)

Filed July 26, 2018

THE COURT:

Real parties in interest have filed a petition for rehearing with this court. It is ordered that the published opinion filed herein on July 2, 2018, be modified as follows:

1. At page 5 of the slip opinion, in the first full paragraph beginning with "At the hearing on the motion for summary adjudication," add the word "clearly" so the first sentence reads as follows:

At the hearing on the motion for summary adjudication, plaintiffs argued clearly for the first time that punitive damages are appropriate because (1) PG&E has a nondelegable duty to operate its power lines safely, (2) PG&E sought to delegate responsibility for this duty to independent contractors, and (3) PG&E failed to ensure that contractors hired employees who were qualified and properly trained, such that (4) PG&E's conduct demonstrates conscious disregard of the safety of others, whether or not PG&E was aware of its contractors' alleged deficiencies.

There is no change in the judgment. Real parties in interest's petition for rehearing is denied.

BY THE COURT:

MAURO, Acting P. J.

MURRAY, J.

RENNER, J.