Can I sue SoCal Edison?

[BobbyJo]

I live in California. A few weeks ago, I was reading in bed while my husband was in the shower. Suddenly, I hear and feel a loud cracking/banging against the wall -- I look out the window, and see a tall man leaning all his weight over the top of our gate, trying to latch it. At first I thought he was trying to crawl over the gate, because he was leaning so far over it (the gate is 6 feet tall, so I have no idea how his head and shoulders were appearing over the top; he must have pulled himself over the top). I sent my husband outside afterwards, and he reported that the gate had been completely ripped away from the side of the house -- I'm guessing that was the loud cracking sound that I heard. I am 100% positive that it was the SoCal Edison man that damaged the gate -- I walked through that gate the day before, and it was fine. There's no one else that would have any reason to walk through it, and these are brand new gates that were installed 6 months ago.

It cost us $300 to repair it. We filed a claim with SoCal Edison, with pictures. They have denied our claim, saying that they see no reason that their meter reader could have caused the damage. Um...someone leaning all their weight on the gate causing it rip away from the wall couldn't cause the damage??

Can we take them to small claims court, or is this a lost cause?

 

[panther10758]

Can you prove it was meter reader? Answer no! You may be correct it was he but you cannot prove it in court

 

[BobbyJo]

He HAD to have broken the gate, because he entered the gate to read our meter. Once he left it, he broke it to the point that it was inoperable and falling off the house. I SAW him break it with my own eyes. What other proof would the court need?

 

[panther10758]

You don't know noise was gate your assuming and proably correct. You were in bed reading you didnt see him break it your guessing and probably correct. I am not saying he didnt do it just that you lack the proof and court requires proof

 

[AlanShore]

I SAW him break it with my own eyes. What other proof would the court need?

pictues, video, more witnesses, etc.
Your word alone has no standing.

 

[justalayman]

I disagree with panther.

Sue them.

A relativley new gate. You used it the day before and it was fine.
You SAW one of their workers hanging on the gate. It was broken after that.

Unless you have vicious garden gnomes that broke it in the middle of the night, the evidence appears to be pretty damning.

get the meter reader in court. if he is honest and tells it the way you described it, the judge can hardly find anything other that he damaged it.

res ipso loquitor

 

[panther10758]

They are assumiong (proabaly correctly) that man hanging on gate broke it! They did not actually see gate being broke she heard noise (if it was gate breaking) while in bed reading. How do we know gate wasnt already broke and thats why Edison was hanging over edge to try to get in to read meter. I not not diagreeing that Edison probably broke gate problem is theres no proof! Who used gate last and when was there sufficent time for someone else to have broke it. I cant see this holding up in court especially when Edison denies it was them. If I am wrong great but to invest in a suit that will drag out for sometime before its resolved may not be worth it especially with so little evidence

 

[justalayman]

I believe just the opposite.

It was good the day before. OP saw them on the fence. OP heard loud noise immediately before seeing the guy on the fence.

It is self proving.

 

[BobbyJo]

The gate was unusable after it was broken. It could not be opened. The meter reader had to have used the gate to have entered our back yard in the first place to read the meter. Logically, he was the last person to use the gate. Ergo, he's the one that broke the gate.

But -- let me add, the meter reader completely denies that he did anything to the gate. So even if he testified in court, I don't know what help that would be.

 

[Shay-Pari'e]

Hey BobyJO,

Your meter is NOT supposed to be behind a gate. The utility company needs access to it.

Sure you can sue, but it will be a waste of your money.

 

[BobbyJo]

They DO have access to it. It is not locked -- it can't even be locked. I didn't build this house, nor the gate, nor the meters, and SoCal Edison has never complained to me about the meter being behind a gate. In fact, every single house on this block has the meters behind a gate, so your statement seems rather specious, and is completely beside the point.

 

[FlyingRon]

Did you contact the power company?

If that doesn't work...try contacting the gov't organization that oversees the utilities. I find that small issues like this are usually resolved by the company management when the regulators come inquiring.

 

[seniorjudge]

File a complaint with these folks:

http://www.cpuc.ca.gov/

Utility companies absolutely hate going in front of the regulators!

 

[seniorjudge]

Did you contact the power company?

If that doesn't work...try contacting the gov't organization that oversees the utilities. I find that small issues like this are usually resolved by the company management when the regulators come inquiring.

I elaborated on your suggestion (see above).

Good advice!

 

[Just Blue]

Unless you have vicious garden gnomes that broke it in the middle of the night, the evidence appears to be pretty damning.

I think these guys did it!!


http://cgi.ebay.com/NAUGHTY-Garden-Gnome-cheeky-little-chappy-MOONING_W0QQitemZ230088882167QQihZ013QQcategoryZ1468QQtcZphotoQQrdZ1QQcmdZViewItem#ebayphotohosting