Case No. 19-30088 (DM) – Joint Motion for Relief from Automatic Stay 1

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Rossi, Hamerslough, 

Reischl & Chuck

1960 The Alameda

Suite 200

San Jose, CA

95126-1493

(408) 261-4252

Fax (408) 261-4292

RICHARD B. GULLEN (SBN 144513)

ROSSI, HAMERSLOUGH, REISCHL & CHUCK

1960 The Alameda, Suite 200

San Jose, CA 95126-1493

Tel: (408) 261-4252

Fax: (408) 261-4292

Attorneys for Movants,

XIAOTIAN SUN and WEI LUO

Gordon J. Finwall (SBN 141777)

FINWALL LAW OFFICES, APC

1056 Lincoln Avenue 

San Jose, CA 95125

Tel: (408) 350-4041

Fax: (408) 350-4042

Email: Gordon@Finwalllaw.com

Attorneys for Movants,

CSABA MESTER and MARTA MESTER

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In Re:

PG&E CORPORATION, 

And

PACIFIC GAS AND ELECTRIC COMPANY,

Debtors.

Affects both Debtors.

Bankruptcy Case No. 19-30088 (DM)

DC NO. RG-1

Chapter 11

(Lead Case)

(Jointly Administered)

JOINT MOTION FOR RELIEF 

FROM AUTOMATIC STAY

XIAOTIAN SUN and WEI LUO, and 

CSABA WENDEL MESTER and MARTA M. 

MESTER individually and as trustees of the 

CSABA & MARTA MESTER FAMILY 

REVOCABLE LIVING TRUST DATED 

9/1/2011 and any amendments thereto,

Movants, 

vs.

PG&E CORPORATION, PACIFIC GAS AND 

Date: July 31, 2019

Time: 9:30 a.m. (Pacific Time)

Place: United States Bankruptcy Court

450 Golden Gate Avenue

Courtroom 17, 16th Floor

San Francisco, CA 94102

Case: 19-30088 Doc# 3036 Filed: 07/17/19 Entered: 07/17/19 15:42:35 Page 1 of

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Case No. 19-30088 (DM) – Joint Motion for Relief from Automatic Stay 2

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Rossi, Hamerslough, 

Reischl & Chuck

1960 The Alameda

Suite 200

San Jose, CA

95126-1493

(408) 261-4252

Fax (408) 261-4292

ELECTRIC COMPANY, Debtors,

Respondents.

I. INTRODUCTION AND SUMMARY OF ARGUMENT

Movants XIAOTIAN SUN and WEI LUO (the “SUNS”) and Movants CSABA 

WENDEL MESTER and MARTA M. MESTER, individually and as trustees of the CSABA & 

MARTA MESTER FAMILY REVOCABLE LIVING TRUST DATED 9/1/2011 and any 

amendments thereto, (the “MESTERS”) (the SUNS and the MESTERS are collectively referred 

to as the “Movants”), move this Court for an Order Terminating the Automatic Stay of 11 U.S.C. 

§ 362 to allow the SUNS and the MESTERS to prosecute and defend their equitable relief claims 

involving Pacific Gas and Electric Company (“PG&E Company”) in the State Court Action filed 

in Santa Clara County Superior Court as case number 17-CV-305995 (hereinafter “State Court 

Action”), and any post-trial proceedings and/or appeal from any judgment entered in the State 

Court Action. 

The State Court Action does not allege any claims for damages against PG&E Company.

A copy of Movants’ Relief from Stay Information Sheet is filed concurrently herewith as 

a separate document pursuant to Local Rules of Court.

II. FACTUAL BACKGROUND

The SUNS are the Plaintiffs in the State Court Action. The MESTERS are Defendants 

and Cross-Complainants in the State Court Action. PG&E Company is named in Plaintiffs’ First 

Amended Complaint as an alleged necessary party defendant to a declaratory relief claim, and in 

the MESTERS’ Cross-Complaint as a cross-defendant in claims for equitable relief based upon 

declaratory relief, public nuisance, and private nuisance. All of the claims in the State Court 

Action which name PG&E Company as a party seek equitable relief, but no monetary damages.

The State Court Action alleges that a wood power pole maintained by PG&E Company 

which serves the SUNS’ Property and the MESTERS’ Property (the “Power Pole”) was found to 

be located outside the bounds of an express public utilities easement on the MESTERS’ 

Case: 19-30088 Doc# 3036 Filed: 07/17/19 Entered: 07/17/19 15:42:35 Page 2 of

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Case No. 19-30088 (DM) – Joint Motion for Relief from Automatic Stay 3

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Rossi, Hamerslough, 

Reischl & Chuck

1960 The Alameda

Suite 200

San Jose, CA

95126-1493

(408) 261-4252

Fax (408) 261-4292

Property. As against PG&E Company, the SUNS’ First Amended Complaint asserts a claim for 

declaratory relief seeking, among other things, a declaration that the SUNS have easement rights 

to use the Power Pole in its existing location, or alternatively, whether the Power Pole needs to 

be moved, and if so, the allocation of those costs. A copy of the First Amended Complaint is 

attached to the accompanying Declaration of Richard Gullen as Exhibit A. 

Likewise, the MESTERS’ Cross-Complaint asserts against PG&E Company a claim for 

declaratory relief as to the parties’ rights and obligations to use the Power Pole in its existing 

location, and claims for public nuisance and private nuisance alleging that the Power Pole is 

unsafe and therefore must be moved. A copy of the MESTERS’ Cross-Complaint is attached to 

the accompanying Declaration of Richard Gullen as Exhibit B. 

The SUNS and the MESTERS have stipulated to allow the SUNS to file a second 

amended complaint which updates and clarifies the allegations, but does not seek any different or 

additional relief against PG&E Company, other than declaratory relief (the “Second Amended 

Complaint”). A copy of the proposed Second Amended Complaint is attached to the 

accompanying Declaration of Richard Gullen as Exhibit C. 

The State Court Action was set for trial for April 29, 2019, however, the trial date was 

vacated as a result of the automatic stay. Currently a trial setting conference is scheduled in the 

State Court Action for July 23, 2019. 

The State Court Action has been stayed as the result of the automatic stay imposed 

pursuant to Section 362 of the Bankruptcy Code (the “Automatic Stay”).

The SUNS and the MESTERS seek relief from the Automatic Stay to proceed with the 

State Court Action. 

III. ARGUMENT

Pursuant to 11 U.S.C § 362(d)(1), Movants are entitled to relief from the automatic stay

for cause. The State Court Action only seeks equitable relief against PG&E Company. As such, 

the relief sought does not constitute a claim which is stayed by this bankruptcy: 

“The right to equitable relief constitutes a claim only if it is an 

alternative to a right to payment or if compliance with the 

equitable order will itself require the payment of money.” 

(Kennedy v. Medicap Pharmacies, Inc., 267 F. 3d 493, 497 (6th 

Case: 19-30088 Doc# 3036 Filed: 07/17/19 Entered: 07/17/19 15:42:35 Page 3 of

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Case No. 19-30088 (DM) – Joint Motion for Relief from Automatic Stay 4

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Rossi, Hamerslough, 

Reischl & Chuck

1960 The Alameda

Suite 200

San Jose, CA

95126-1493

(408) 261-4252

Fax (408) 261-4292

Cir.) 2001.)

In this case, the equitable relief sought is not an alternative to payment of money to the 

Movants, nor will it require payment of money to the Movants. The equitable relief claims seek 

determination as to the Parties’ rights and obligations with respect to the use of a Power Pole 

located outside of an express easement, and whether PG&E Company should move the Power 

Pole. Since only PG&E Company can move the Power Pole, if necessary, money damages are 

not sought or adequate, and only equitable relief will suffice. 

Also, given that the State Court Action was on the verge of trial when this bankruptcy

was filed, as a matter of judicial economy, good cause exists to allow the State Court Action to 

be concluded: 

“And relief also may be granted when necessary to permit 

litigation to be concluded in another form, particularly if the nonbankruptcy suit involves multiple parties or is ready for trial.” (3 

Collier on bankruptcy, P362.07 (16th 2019), citing In Re: 

Castlerock Properties, 781 F.2d 159, 15 C.B.C. 2d 20 (9th Cir.) 

1986.)

On July 15, 2019, Movants forwarded to bankruptcy counsel for PG&E Company a 

proposed stipulation for relief from stay to allow the State Court Action to proceed. However, at 

the time of filing this motion no response was received from counsel for PG&E Company.

Accordingly, relief from the automatic stay should be granted pursuant to 11 U.S.C. § 362(d)(1).

WHEREFORE, Movants pray for relief as follows:

1. Movants XIAOTIAN SUN and WEI LUO (collectively the “SUNS”) are hereby granted 

relief from the Automatic Stay permitting the SUNS to file the proposed Second 

Amended Complaint, to prosecute their claims in the State Court Action to completion 

and/or judgment, to enforce any judgment, and to prosecute or defend any appeal.

2. Movants CSABA MESTER and MARTA MESTER individually and as trustees of the 

CSABA & MARTA MESTER FAMILY REVOCABLE LIVING TRUST DATED 

9/1/2011 and any amendments thereto (collectively the “MESTERS”) are hereby granted 

relief from the Automatic Stay permitting the MESTERS to prosecute their claims and 

defenses in the State Court Action to completion and/or judgment, to enforce any 

Case: 19-30088 Doc# 3036 Filed: 07/17/19 Entered: 07/17/19 15:42:35 Page 4 of

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Case No. 19-30088 (DM) – Joint Motion for Relief from Automatic Stay 5

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Rossi, Hamerslough, 

Reischl & Chuck

1960 The Alameda

Suite 200

San Jose, CA

95126-1493

(408) 261-4252

Fax (408) 261-4292

judgment, and prosecute or defend any appeal.

3. For an Order that the fourteen day stay of order described by Bankruptcy Rule 

4001(a)(3) be waived.

4. For such other relief as the Court deems proper.

Dated: July 17, 2019 ROSSI, HAMERSLOUGH, REISCHL & CHUCK

BY: /s/ Richard B. Gullen

RICHARD B. GULLEN, ESQ.

Attorneys for Movants 

XIAOTIAN SUN and WEI LUO

Dated: July 17, 2019 FINWALL LAW OFFICES, APC

BY: /s/ Gordon J. Finwall

GORDON J. FINWALL, ESQ. 

Attorneys for Movants CSABA WENDEL 

MESTER and MARTA M. MESTER 

individually and as trustees of the CSABA & 

MARTA MESTER FAMILY REVOCABLE 

LIVING TRUST DATED 9/1/2011 and any 

amendments thereto 

Case: 19-30088 Doc# 3036 Filed: 07/17/19 Entered: 07/17/19 15:42:35 Page 5 of

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Rossi, Hamerslough, 

Reischl & Chuck

1960 The Alameda

Suite 200

San Jose, CA

95126-1493

(408) 261-4252

Fax (408) 261-4292

Case: 19-30088 Doc# 3036 Filed: 07/17/19 Entered: 07/17/19 15:42:35 Page 6 of

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