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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) 

Theodore Tsekerides (pro hac vice) 

(theodore.tsekerides@weil.com) 

Jessica Liou (pro hac vice) 

(jessica.liou@weil.com) 

Matthew Goren (pro hac vice) 

(matthew.goren@weil.com) 

New York, NY 10153-0119 

Tel: (212) 310-8000 

Fax: (212) 310-8007 

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: (415) 636-9251 

Attorneys for Debtors and Debtors in Possession 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re:

PG&E CORPORATION, 

 - and - 

Bankruptcy Case 

No. 19-30088 (DM) 

Chapter 11 

(Lead Case) (Jointly Administered) 

STIPULATION BETWEEN DEBTOR 

PACIFIC GAS AND ELECTRIC 

COMPANY AND MOVANTS SUNS AND 

MESTERS FOR LIMITED RELIEF 

FROM THE AUTOMATIC STAY 

[Relates to Dkt. No. 3036 – 3039] 

[No Hearing Requested] 

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) 

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

This stipulation (the “Stipulation”) is entered into by Pacific Gas and Electric Company 

(the “Utility” or the “Debtor”), as debtor and debtor in possession, on the one hand, and Xiaotian 

Sun and Wei Luo (together, the “Suns”) 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 (collectively, the “Mesters,” and, together with the Suns, 

the “Movants”), on the other. The Debtor and Movants are referred to in this Stipulation 

collectively as the “Parties,” and each as a “Party.” The Parties hereby stipulate and agree as 

follows: 

RECITALS 

A. On July 17, 2019, Movants filed the Joint Motion for Relief from Automatic Stay

[Docket No. 3036] (the “Motion”). 

B. The Movants seek relief from the automatic stay to prosecute and defend their 

equitable relief claims involving the Utility in Xiaotian Sun and Wei Luo v. Csaba Mester, Marta 

Mester, Pacific Gas and Electric Company, et al., Case No. 17-CV-305995 (the “State Court 

Action”) pending in Santa Clara County Superior Court (the “Superior Court”). 

C. The State Court Action arises out of a dispute between the Suns and the Mesters, 

neighbors in Saratoga, California, regarding access to and the condition of one of the Utility’s 

poles (the “Pole”). 

D. On February 3, 2017, the Suns commenced the State Court Action, naming the 

Utility as a defendant. As against the Utility, the Suns’ First Amended Complaint asserts a claim 

for declaratory relief with respect to the Suns’ easement rights to use the Pole in its existing 

location, or, alternatively whether the Pole needs to be moved, and the allocation of those costs. 

E. On August 8, 2018, the Mesters filed a cross-complaint (the “Cross-Complaint”), 

which, in addition to seeking declaratory relief with respect to the Pole, also alleged that the Pole 

is in disrepair and constitutes a nuisance. The Cross-Complaint also seeks to require the Utility to 

replace and move the Pole onto the easement. 

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F. Movants do not seek recovery of damages or any other monetary relief against 

Utility. 

G. On December 10, 2018, the Utility filed a motion for summary judgment regarding 

the Cross-Complaint’s allegations surrounding the condition of the Pole (the “MSJ”). 

H. The Debtor and its parent, PG&E Corporation (collectively the “Debtors”), filed 

these Chapter 11 Cases on January 29, 2019 (the “Petition Date”). The MSJ was pending on the 

Petition Date, and both the hearing on the MSJ, set for February 28, 2019, and the trial, set for 

April 29, 2019, were stayed. A notice of stay was filed on February 8, 2019. 

NOW, THEREFORE, IT HEREBY IS STIPULATED AND AGREED BY AND 

BETWEEN THE PARTIES, THROUGH THE UNDERSIGNED, AND THE PARTIES 

JOINTLY REQUEST THE COURT TO ORDER, THAT:

1. This Stipulation shall be effective upon entry of an order by this Court 

approving it. 

2. The automatic stay shall initially be modified solely to permit proceedings 

in the State Court Action relating to the MSJ as follows: 

a. The Utility will re-file the MSJ (the “Revised MSJ”). The Revised 

MSJ will omit the factual argument relating to the condition of the 

Pole and will rely solely on legal argument regarding (1) the 

Superior Court’s authority and jurisdiction to consider the claims 

raised in the Cross-Complaint and (2) the prescriptive easement 

issue as briefed in the MSJ. 

b. The Revised MSJ shall be filed within ten days following entry of 

this Court’s court order approving this Stipulation, and will be set 

for hearing on regular notice (i.e., at least seventy-five days before 

the hearing) at the earliest possible time consistent with the 

requirements of law, the Superior Court’s calendar, and the 

availability of counsel. The Parties acknowledge that the Utility 

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preserves its rights to assert the arguments eliminated from the 

Revised MSJ at subsequent proceedings should that be necessary. 

c. The other Parties shall be free to file responses to the Revised MSJ, 

and to participate in the hearing on it, and the Utility shall be entitled 

to file its reply brief as per the California Code of Civil Procedure. 

d. The Mesters may take one deposition pursuant to California Code 

of Civil Procedure §2025.230 (the “PMK Deposition”) on topics 

limited to those addressed in the Revised MSJ. 

e. The Superior Court may conduct hearings and issue a decision on 

the Revised MSJ. 

3. Pending issuance of a decision by the Superior Court on the Revised MSJ, 

the automatic stay will continue to apply to all other litigation activity and proceedings in the State 

Court Action, including any discovery beyond that described in paragraph 2.d above. The Utility 

shall have no obligation to engage in any litigation activity outside the scope of paragraph 2, and 

no such litigation activity may be pursued against the Utility. 

4. Upon entry by the Superior Court of an order disposing of the Revised MSJ, 

the automatic stay shall terminate for all purposes and as to all proceedings in the State Court 

Action, except that (a) no damages or other monetary relief may be sought against the Utility, and 

(b) the automatic stay shall remain in effect as to any judgment that might be obtained against the 

Utility, and no such judgment shall be enforced without further relief from the automatic stay. 

5. The scheduling of all subsequent proceedings in the State Court Action shall 

take account of the fact that the proceedings have been stayed as to the Utility from the Petition 

Date until the date the stay is terminated. 

[Signatures on next page] 

// 

// 

// 

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

Dated: August 12, 2019 Dated: August 12, 2019

KELLER & BENVENUTTI LLP ROSSI, HAMERSLOUGH, REISCHL & 

CHUCK 

/s/ Peter J. Benvenutti /s/ Richard B. Gullen

Peter J. Benvenutti

Attorneys for Debtors 

and Debtors in Possession

Richard B. Gullen

Attorneys for Xiaotian Sun and Wei Luo

Dated: August 12, 2019

FINWALL LAW OFFICES, APC 

/s/ Gordon J. Finwall

Gordon J. Finwall

Attorneys for 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

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