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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) 

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) 

ORDER APPROVING 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) 

Signed and Filed: August 13, 2019

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Entered on Docket 

August 13, 2019

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 3531 Filed: 08/13/19 Entered: 08/13/19 14:30:37 Page 1 of

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The Court having considered the Stipulation Between Debtors and Suns and Mesters for 

Limited Relief from the Automatic Stay (the “Stipulation”),1 entered into by Pacific Gas and 

Electric Company (the “Utility” or the “Debtor”), as debtor and debtor in possession (collectively, 

the “Debtors”), 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,” together with the Suns, the “Movants,” and, along with the Debtor, the “Parties”), on 

the other, filed on August 12, 2019 [Docket No. 3521], and this Court having jurisdiction to 

consider the Motion and the relief requested therein pursuant to 28 U.S.C. §§ 157 and 1334, Order 

Referring Bankruptcy Cases and Proceedings to Bankruptcy Judges, General Order 24 (N.D. Cal.), 

and Rule 5011-1(a) of the Bankruptcy Local Rules for the United States District Court for the 

Northern District of California, and to consider the Stipulation and its provisions pursuant to that 

same authority and Federal Rule of Bankruptcy Procedure 4001(d)(4); and consideration of the 

Motion, the Stipulation and the requested relief being a core proceeding pursuant to 

28 U.S.C. § 157(b); and venue being proper before this Court pursuant to 28 U.S.C. §§ 1408 and 

1409; and the Court having found and determined that notice of the Motion as provided to the 

parties listed therein is reasonable and sufficient under the circumstances, and sufficient to afford 

reasonable notice of the material provisions of the Stipulation and opportunity for hearing; and it 

appearing that no other or further notice need be provided; and this Court having determined that 

the legal and factual bases set forth in the Motion establish just cause for approval of the 

Stipulation; and upon all of the proceedings had before this Court and after due deliberation and 

sufficient cause appearing therefor, 

IT IS HEREBY ORDERED: 

1. The Stipulation is approved. 

1

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

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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 

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 

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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. 

6. The Bankruptcy Court shall retain jurisdiction to resolve any disputes or 

controversies arising from the Stipulation. 

APPROVED AS TO FORM AND CONTENT: 

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

FINWALL LAW OFFICES, APC ROSSI, HAMERSLOUGH, REISCHL & 

CHUCK 

/s/ Gordon J. Finwall_________ /s/ Richard B. Gullen_________

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

Richard B. Gullen

Attorneys for Xiaotian Sun and Wei Luo 

** END OF ORDER ** 

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