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28 Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153-0119

WEIL, GOTSHAL & MANGES LLP 

Stephen Karotkin (pro hac vice) 

(stephen.karotkin@weil.com) 

Ray C. Schrock, P.C. (pro hac vice) 

(ray.schrock@weil.com) 

Jessica Liou (pro hac vice) 

(jessica.liou@weil.com) 

Theodore Tsekerides (pro hac vice) 

(theodore.tsekerides@weil.com) 

Matthew Goren (pro hac vice) 

(matthew.goren@weil.com) 

767 Fifth Avenue 

New York, NY 10153-0119 

Tel: 212 310 8000 

Fax: 212 310 8007 

Attorneys for Debtors

and Debtors in Possession

KELLER & BENVENUTTI LLP 

Tobias S. Keller (#151445) 

(tkeller@kellerbenvenutti.com) 

Peter J. Benvenutti (#60566) 

(pbenvenutti@kellerbenvenutti.com) 

Jane Kim (#298192) 

(jkim@kellerbenvenutti.com) 

650 California Street, Suite 1900 

San Francisco, CA 94108 

Tel: 415 496 6723 

Fax: 650 636 9251 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re: 

PG&E CORPORATION, 

 - and - 

PACIFIC GAS AND ELECTRIC COMPANY, 

Debtors. 

 Affects PG&E Corporation 

 Affects Pacific Gas and Electric Company 

 Affects both Debtors 

* All papers shall be filed in the Lead Case, 

No. 19-30088 (DM).

 Bankruptcy Case 

No. 19-30088 (DM) 

Chapter 11 

(Lead Case) 

(Jointly Administered) 

NOTICE OF PRELIMINARY 

OPPOSITION TO THE GELMANS’ 

MOTION FOR RELIEF FROM THE 

AUTOMATIC STAY AND 

ABSTENTION PURSUANT TO 28 

U.S.C. § 1334(c)(1) 

[Relates to Dkt. 1201] 

Date: May 9, 2019 

Time: 9:30 a.m. 

Place: United States Bankruptcy Court 

 Courtroom 17, 16th Floor 

 San Francisco, CA 94102 

Case: 19-30088 Doc# 1701 Filed: 04/25/19 Entered: 04/25/19 16:35:44 Page 1 of

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28 Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153-0119

Pacific Gas and Electric Company (the “Utility,” “PG&E,” or the “Debtor”), as debtor 

and debtor in possession in the above-captioned Chapter 11 Cases (the “Chapter 11 Cases”), 

respectfully submits this notice of opposition to Marina and Mikhail Gelmans’ Motion for Relief 

from the Automatic Stay and Abstention Pursuant to 28 U.S.C. § 1334(c)(1) (the “Motion”). See

Dkt. No. 1310.1 

The Motion alleges that on January 26, 2016, Marina Gelman “tripped on [a] [Utility] 

vault . . . because of a hole in the sidewalk,” and “[t]he fall shattered Marina’s right forearm and 

caused her other injuries.” Motion at 2–3. As a result, Marina claims to have “developed carpel 

tunnel syndrome and complex regional pain syndrome in her right upper extremity.” See id. at 3. 

Moreover, “[b]ecause of Marina’s [alleged] significant injuries, her husband [Mikhail] has 

[brought] a substantial claim for loss of consortium.” See id. at 4. 

The Gelmans brought their claims in a single lawsuit filed on January 31, 2017 (the 

“Gelman Action”), naming the Debtor, the City and County of San Francisco, and Blue Plantain, 

LLC as defendants. See ibid. However, as of the January 29, 2019 (the “Petition Date”), all 

claims against the Debtor have been stayed. See 11 U.S.C. § 362(a). The Gelmans now move for 

an order lifting the automatic stay so that they can litigate their claims against the Debtor in San 

Francisco County Superior Court.2 See id. at 4–9. 

Under this Court’s Local Rules, the Debtor is not required to oppose the Gelmans’ Motion 

prior to the May 9 preliminary hearing. See N.D. Cal Bankruptcy Local Rule 9014-1 (noting that 

 

1 The Gelmans initially filed their original motion on April 3, 2019, noticing a hearing date of April 24, 

2019. Subsequently, on April 10, 2019, the Gelmans filed an Amended Notice of Motion, noticing the 

hearing date for May 9, 2019 and incorrectly indicating an objection deadline of April 24, 2019. Other 

than the new hearing date and the noticed objection deadline, there does not appear to be any differences 

between the active Motion and the original motion filed by the Gelmans. 

2

 Although the Motion claims to seek permissive abstention, the Gelmans’ ultimate desire to litigate hinges 

upon an order from this Court lifting the automatic stay. See In re Conejo Enterprises, Inc., 96 F.3d 346, 352 

(9th Cir. 1996) (holding that “a finding that mandatory abstention applies to [a] state [court] action does not 

preclude denial of relief from § 362’s automatic stay”). Moreover, if “the Court finds that [no] cause exists 

to lift the automatic stay, the Court will not [need to] address [the Gelmans’] arguments for permissive 

abstention” pursuant to 28 U.S.C. § 1334(c)(1). See In re Farmland Indus., Inc., 309 B.R. 14, 18 n.3 (Bankr. 

W.D. Mo. 2004). 

Case: 19-30088 Doc# 1701 Filed: 04/25/19 Entered: 04/25/19 16:35:44 Page 2 of

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28 Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153-0119

the local rule calling for the filing of oppositions 14 days prior to the hearing date “does not apply 

to [inter alia] motions for relief from the automatic stay”). 3 Nonetheless, the Debtor hereby 

provides notice that it does intend to file a preliminary opposition to the Gelmans’ Motion prior to 

the May 9 preliminary hearing, and requests that the Court not tentatively (or otherwise) grant the 

Gelmans’ Motion in the interim. See N.D. Cal Bankruptcy Local Rule 4001-1(f) (“A respondent 

will not be required to, but may, file responsive pleadings, points and authorities, and declarations 

for any preliminary hearing.”). 

 

3

 Even if the 14-day deadline imposed pursuant to Local Rule 9014-1 did apply (which it does not), the 

Debtor’s notice of opposition would not be due until today, April 25, 2019, or 14 days prior to the date of 

the preliminary hearing. 

WEIL, GOTSHAL & MANGES LLP 

KELLER & BENVNUTTI LLP 

By: /s/ Peter J. Benvenutti 

 Peter J. Benvenutti 

Attorneys for Debtors 

and Debtors in Possession

Case: 19-30088 Doc# 1701 Filed: 04/25/19 Entered: 04/25/19 16:35:44 Page 3 of

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