San Diego Gas & Electric Co. v. City of San Diego
In 1971, the City of San Diego (City) and (SDG&E) entered into two franchise agreements for SDG&E to install gas and electric lines and facilities on streets owned by City. City retains the right to require SDG&E at its own expense to remove or relocate its lines and facilities if they conflict with City's use of the streets. Beginning in 1999, when City was constructing Petco Baseball Park in the area referred to as the East Village Redevelopment Project, a dispute arose regarding who should pay for SDG&E's relocation of utility lines and facilities undertaken at City's request. SDG&E filed a declaratory action in the trial court. City, Redevelopment Agency of the City of San Diego (Agency) and Padres, L.P. (the Padres) (collectively respondents), successfully moved for summary judgment and obtained an award of attorney fees. SDG&E appeals, contending as a matter of law it was not obligated to pay the total cost for the relocation of gas and electrical facilities for the Petco project; and, alternatively, it raised triable issues of material fact. It further contends there is insufficient evidence to support the attorney fees award. Court affirm the judgment.
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