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

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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) 

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 

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 

Attorneys for Debtors and Debtors in Possession 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re: 

PG&E CORPORATION,

 - and - 

PACIFIC GAS AND ELECTRIC 

COMPANY,

Case No. 19-30088 (DM)

Chapter 11 

(Lead Case) (Jointly Administered) 

DECLARATION OF JANA CONTRERAS ISO 

DEBTOR’S MOTION PURSUANT TO FED. R. BANKR. 

P. 4001(d) TO APPROVE STIPULATION BETWEEN 

DEBTOR PACIFIC GAS AND ELECTRIC COMPANY 

AND KATHLEEN PELLEY AND ALLAN PELLEY 

REGARDING MODIFICTION OF AUTOMATIC STAY 

Objection Deadline: October 2, 2019 

 4:00 pm (Pacific Time) 

No hearing requested absent timely objection. If timely 

objection is filed, hearing reserved for:

Date: October 22, 2019 

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

Place: United States Bankruptcy Court 

 Courtroom 17, 16th Floor 

 San Francisco, CA 94102

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). 

Case: 19-30088 Doc# 3875 Filed: 09/11/19 Entered: 09/11/19 10:12:31 Page 1 of

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

I, Jana Contreras, hereby declare under penalty of perjury pursuant to section 1746 

of title 28 of the United States Code that the following is true and correct to the best of my 

knowledge, information, and belief: 

1. I am attorney licensed to practice law in the State of California. I am Counsel, 

Litigation at Pacific Gas and Electric Company, and am authorized to make this Declaration in that 

capacity. 

2. I file this Declaration in support of the Utility’s Motion Pursuant to Fed. R. Bankr. P. 

4001(d) to Approve Stipulation Between Debtor and Kathleen Pelley and Allan Pelley Regarding 

Modification of Automatic Stay (the “Motion”).1 Except as otherwise indicated, all statements in 

this Declaration are based on my personal knowledge, and, if called upon to do so, I could and 

would testify competently thereto. 

3. On or about March 12, 2019, the Utility filed a complaint (the “Complaint”) in the 

Humboldt County Superior Court (the “Superior Court”) seeking declaratory and injunctive relief 

relating to the Utility’s enforcement of the Easement across the Property (the “Humboldt Action”). 

4. On May 23, 2019, the Pelleys filed a cross-complaint against Debtor in the Humboldt 

Action for quiet title and declaratory relief concerning the same general facts and circumstances as 

the Complaint (the “Cross-Complaint”). On June 21, 2019, Debtor filed a Notice of Stay of 

Proceedings in the Humboldt Action based on these Chapter 11 Cases, which filing automatically 

stayed proceedings on the Cross-Complaint, but not on the Complaint. 

5. The Utility has determined that the continuation of the Humboldt Action is in the best 

interests of its estate. Accordingly, the Stipulation provides that the automatic stay shall be modified 

to permit the Pelleys to litigate the Cross-Complaint against the Debtor in the Superior Court and to 

defend themselves against the Complaint. Furthermore, to the extent applicable, the Stipulation 

modifies the automatic stay to permit the Debtor to continue to litigate the Complaint in the Superior 

Court and defend itself against the Cross-Complaint. The Stipulation does not permit, and the 

automatic stay itself shall remain in effect with respect to, the enforcement by the Pelleys of any 

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 Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Motion. 

Case: 19-30088 Doc# 3875 Filed: 09/11/19 Entered: 09/11/19 10:12:31 Page 2 of

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

judgment they may obtain in their favor in the Humboldt Action. 

6. The Utility must litigate its Complaint in the Humboldt Action in order to protect its 

business need to remove the Incompatible Trees. 

7. The Complaint and Cross-Complaint relate to the same underlying issues and would 

involve the same or similar discovery and motion practice; accordingly, it would be inefficient to 

litigate only the Utility’s claims now and to relitigate the Pelleys’ claims in this Court through the 

claims process. 

8. Absent the Stipulation, the Pelleys can be expected to bring a motion to seek relief 

from stay to permit them to litigate their Cross-Complaint. The Utility seeks to avoid the time and 

expense associated with a contested motion for relief from the stay. 

9. Allowing the Pelleys to litigate their action will not prejudice the Debtor’s estates or 

other creditors. The Stipulation provides material benefits to the Debtor and its estate at little cost, 

has been authorized by the Debtor in the exercise of its business judgment, and is in the best interest 

of the Debtor, its estate, and its creditors. 

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