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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111459
Experience:  Attorney experienced in commercial litigation.
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07 May 2015 09:51 - I live in California. I have a 48

Customer Question

07 May 2015 09:51 Hello- I live in California. I have a 48 hour notice for a shutoff of my electrical services from PG & E. I filed a civil complaint and a complaint with the CPUC in 2012. We settled both cases out of court in April 2013. The manager at
the Customer Relations department gave a credit to my account of $3000. I still owed $16000 after the credit. Although I did not agree with all the charges, I agreed to pay this amount off at $150 a month. I began to make payments. PG & E removed the CARE
discount in 2014. I had completed an income certification which made the account eligible through the end of 2015. I went through some hurdles with them but I was able to get the discount back on my account. The manager that was working my account was no longer
handling my account. My account got referred to the "accounts receivable" department. They are now requiring $8800 to keep my services on. I explained that I had a settlement agreement that only required $150 a month. They will not respect this settlement.
(it was verbal and I have emails from the PG & E manager.) I am planning on filing a civil complaint tomorrow against PG & E for COMPLAINT FOR: BREACH OF ORAL AGREEMENT; BREACH OF WRITTEN AGREEMENT; ACCOUNTING; NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS; INTENTIONAL
INFLICTION OF EMOTIONAL DISTRESS; PRODUCT DEFECT (ELECTRICAL METER). I am also filing application for a TRO to prevent the shutoff scheduled for Monday, May 11. We are a family of 7 and my husband and I work from home. We cannot afford to be without our services
as it not only affects our daily life but also our livelihood. QUESTION: Would you please provide me with some California Case law and/or California Civil Codes to help get my TRO application approved? Thank you!
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Temporary Restraining Orders are governed by CA Code of Civil Procedure 527 (See: http://codes.lp.findlaw.com/cacode/CCP/3/2/7/3/s527). The code outlines what you have to prove or allege in both your verified complaint and your motion for the order.
In order to succeed on the restraining order you must show all of the following: (1) irreparable injury to the moving party without the TRO; (2) no harm to the public interest; (3) no substantial harm to other interested parties; and (4) a likelihood of prevailing on the merits. See: Sarale v. Pac. Gas & Electric Co., 189 Cal.App.4th 225, 117 Cal.Rptr.3d 24, 10 Cal. Daily Op. Serv. 13, 222, 2010 Daily Journal D.A.R. 1 (Cal. App., 2010).
You should be filing an ex-parte verified petition and motion for temporary restraining order today in order to prevent the cut off from happening Monday.

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