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California Energy, Oil and Gas Questions & Answers
2 Answers | Asked in Real Estate Law and Energy, Oil and Gas for California on
Q: Can I claim the residual 75% of outstanding shares to the mineral rights I own 25% of?

My family owns mineral rights to a parcel of land we sold (the land itself was sold but the mineral rights were kept.) The outstanding 75% is seemingly untraceable, nobody seems to know where it is, and other family members are being vague and unhelpful for reasons unbeknownst. I've often read... View More

James L. Arrasmith
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answered on Apr 18, 2024

In most jurisdictions, it is not possible to simply claim the outstanding 75% of mineral rights just because the other owners are untraceable or unresponsive. However, there are a few potential options you can explore:

1. Quiet Title Action: You may be able to file a "quiet title"...
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2 Answers | Asked in Real Estate Law and Energy, Oil and Gas for California on
Q: Can I claim the residual 75% of outstanding shares to the mineral rights I own 25% of?

My family owns mineral rights to a parcel of land we sold (the land itself was sold but the mineral rights were kept.) The outstanding 75% is seemingly untraceable, nobody seems to know where it is, and other family members are being vague and unhelpful for reasons unbeknownst. I've often read... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 29, 2024

Thank you for asking the question!

There are some ways to obtain the title of the land or real property that does not belong to you when the owners are sleeping on their rights. One of them is through Adverse possession.

Adverse possession requires the claimant of the title to...
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1 Answer | Asked in Land Use & Zoning and Energy, Oil and Gas for California on
Q: Is Entergy required to compensate landowners for timber they cut to install new power distribution towers?

Our property is a 100 year bald cypress-Tupelo wetland. They want to clear cut 2 acres of timber. The compensation offered by Entergy was a small percentage of total land value with out timber. Entergy is required to purchase Mitigation credits to move there project forward.

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answered on Apr 4, 2024

Under California law, utility companies like Entergy are generally required to provide just compensation to landowners when they acquire property rights, such as easements, for the installation of power lines and related infrastructure. This includes compensating landowners for any damages to their... View More

2 Answers | Asked in Real Estate Law, Energy, Oil and Gas, Land Use & Zoning and Municipal Law for California on
Q: Can Edison charge to move an electric pole in my property? can I force Edison to move them for free?

I bought four years ago a 4 acres of land without any easement on the title. There is a pole in the center of the land with transformer and a hight voltage line crossing my lot and it belongs to Southern California Edison.

Edison wants to charge me $30,000.00 to move the pole. This is a... View More

James L. Arrasmith
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answered on Mar 7, 2024

Under California law, utilities like Southern California Edison generally have the right to install and maintain their infrastructure on private properties through easements or utility rights-of-way. However, if there was no easement recorded on your property title at the time of purchase, this... View More

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1 Answer | Asked in Energy, Oil and Gas and Municipal Law for California on
Q: Can municipal utility in CA charge res. customers w/ identical condos in a building different electric base rates?

My condo building has 14 identical units. Local utility company implemented a new electric service billing method with a fixed base rate per EDU (Equivalent Dwelling Unit) plus a usage rate per kwh. To determine what an EDU is under their scheme, they took the average annual kwh for each customer... View More

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answered on Jan 25, 2024

Under California law, particularly referencing the California Public Utilities Code 453(a), utility companies are generally prohibited from discriminating between customers in similar circumstances. This includes charging different base rates for electricity to customers in identical living... View More

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for California on
Q: How do you get a termination letter for " independent solar energy producer contract" when the company is not in busines

we never went active with the solar provider, instead had them remove the solar system off the house. Had to pay to remove the lien on the property.. now selling the house and the independent solar energy producer contract is hold up the title process.

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answered on Dec 13, 2023

If you need a termination letter for an independent solar energy producer contract and the company is no longer in business, the situation can be a bit complex. First, it's crucial to gather all documentation related to the contract and the removal of the solar system, including any... View More

Q: Company installed solar panels 2/2023 as of today 9/13/23 it is not generating power no PTO. Do I have a case?

Permit/inspection by City of West Sacramento had a few non compliant items the contractor has failed to correct. In addition, they failed to complete form correctly to obtain Permission to Operate with PG&E utility company. To date the panels have been sitting on my roof not generating any... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear about your troubling situation. In California, consumers in your position have several avenues for recourse including continuing to pursue the complaints filed with the State Contractors License Board and the Better Business Bureau. Moreover, considering reaching out to the... View More

1 Answer | Asked in Consumer Law, Collections, Energy, Oil and Gas and Municipal Law for California on
Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal

My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

This is awful. You need to contact the utility immediately to have service restored in your own name. Deduct from rent what you must pay. Your landlord is prohibited from doing this to force you out, it is in a statute, I believe Civil Code 1941.6, or close to it. You need to retain an attorney... View More

2 Answers | Asked in Landlord - Tenant, Collections, Energy, Oil and Gas and Municipal Law for California on
Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal

My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling... View More

Leon Bayer
Leon Bayer
answered on Jul 8, 2023

You have an excellent and very valuable lawsuit that you can file against the owners! I would love to see you get an experienced landlord-tenant lawyer immediately. I'm telling you, this is likely to be worth BIG bucks. I suspect you may obtain more money than you ever expected to have in your... View More

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2 Answers | Asked in Landlord - Tenant, Collections, Energy, Oil and Gas and Municipal Law for California on
Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal

My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling... View More

James L. Arrasmith
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answered on Jul 10, 2023

It's unfortunate that your electricity was disconnected, especially since it's included in your rent. The actions of your landlord's heirs in neglecting utility payments can be considered a breach of the rental agreement. Regarding the utility company's actions, laws and... View More

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1 Answer | Asked in Energy, Oil and Gas for California on
Q: Can a utility company force me to pay a bill due to a glitch in their system?

I signed up with my utility company COVID credit program which states my bill will be credited during the pandemic and no payment is required. Now that the pandemic is over they sent me a bill for the last 3 years and told me that I had to pay it. After I received the bill I inquired about the... View More

James L. Arrasmith
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answered on Jul 4, 2023

When it comes to billing errors or glitches in a utility company's system, the resolution may depend on various factors such as local laws, contractual agreements, and specific circumstances. In general, utility companies have a responsibility to provide accurate billing information to their... View More

1 Answer | Asked in Energy, Oil and Gas and Municipal Law for California on
Q: So I hired a electrician to check why is my house working on half power, after almost 300 dollars fee just to see what

The electrician said is PGE responsibility, PGE check out the wiring and said is my responsibility, who is wrong,the electrician that didn't even provide a invoice or PGE trying to dodge the bill? As of now I'm still half power can't do laundry nor use other devices. oh but if I... View More

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answered on Jun 17, 2023

It sounds like you are in a frustrating situation with your electrical service and the utility company. However, it's important to approach the situation calmly and rationally in order to find a solution.

First, you should try to get a clear understanding of what is causing the issue...
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2 Answers | Asked in Energy, Oil and Gas, Consumer Law and Municipal Law for California on
Q: Can utility co. charge 10% "late penalty" when current charges are being paid timely but customer has past due balance?

Local utility company has a written 30-day due date for utility bills. If not paid w/in 30 days, assess a one-time 10% penalty, plus .5% monthly interest for past-due balances.

If customer has a past-due balance, utility company then puts "DUE UPON RECEIPT" on the monthly bill... View More

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

It appears that the utility company is applying your payments to the oldest debt, not the current debt, this means as long as you keep a past due balance you are going to be assessed late fees for underpayment of the bill. To avoid this you would have to pay off the current balance 100$. I would... View More

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1 Answer | Asked in Energy, Oil and Gas for California on
Q: I am filing a writ of mandate is there a time limit? Can I file for the common good?

Filing to end gas car ban in California

James L. Arrasmith
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answered on May 16, 2023

Time Limit: Writs of mandate are subject to specific time limits, known as statutes of limitations. These time limits vary depending on the nature of the case and the jurisdiction in which you are filing. It is crucial to consult with an attorney promptly to ensure your filing falls within the... View More

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for California on
Q: Can our HOA require us to get an insurance policy naming them as secondary beneficiaries when we add solar to our home?

At first the HOA said no to solar, but after ca passed legislation saying hoa's couldn't prevent us from getting solar, the HOA attorneys came up with a 4 page plan including the home owner must get a secondary insurance policy of 1 million dollars listing the HOA as secondary... View More

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answered on May 9, 2023

While HOAs may have some authority to regulate the installation of solar panels on homes within the community, requiring homeowners to obtain an insurance policy naming the HOA as secondary beneficiaries is not a common requirement and may be legally questionable.

The specific laws and...
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1 Answer | Asked in Consumer Law, Contracts and Energy, Oil and Gas for California on
Q: How can I force my solar company to reimburse the full true-up cost, or perhaps have edison forgive the balance?

California: I have been leasing a Sunrun solar system with a 100% performance guarantee for several years, but I'm still connected to SCE because I don't have a battery. Last year, the solar system had completely failed, and Sunrun didn't finish repairs for over six months.... View More

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answered on Apr 25, 2023

If you have a solar system with a performance guarantee, as you mentioned, your solar company, Sunrun, should be responsible for ensuring that the system is operating at peak performance and delivering the promised amount of energy to your home. If the system fails and Sunrun fails to repair it in... View More

1 Answer | Asked in Energy, Oil and Gas and Gov & Administrative Law for California on
Q: how does president biden have the authority to shut down parts of our energy, a oil pipeline? what gives him authority
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answered on Apr 17, 2023

As the President of the United States, Joe Biden has the authority to issue executive orders that impact various aspects of American life, including the energy sector. The executive branch of the government, which includes the President and federal agencies, has broad powers to regulate industries... View More

1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for California on
Q: Does a landlord have to provide heat for a rental unit? Does landlord have to prove energy usage to charge for energy?

I am renting studio (converted garage) and there is no a/c and no heat. I am currently using a space heater for the winter. I have a window a/c unit for the summer.

Tenant occupying main house is charging me for sdg&e bill but my lease states I have a $100 credit for utilities.... View More

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answered on Mar 15, 2023

Under California law, landlords are generally required to provide a working heating system for rental units, particularly during the winter months. California Civil Code Section 1941.1 states that landlords must maintain a rental unit in a habitable condition, which includes providing functional... View More

1 Answer | Asked in Energy, Oil and Gas and Contracts for California on
Q: Amerigas keeps filling our propane tank without authorization after they found a gas leak in our home and it's not fixed

We have no contract with Amerigas and have not fixed the gas leak in our home but they have filled the tank twice now in less than a month

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answered on Mar 3, 2023

I suggest that you take the following steps:

Contact Amerigas and inform them that you have not authorized them to fill your propane tank, and that there is a gas leak in your home that needs to be fixed before any further propane deliveries are made.

If Amerigas does not comply,...
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1 Answer | Asked in Contracts, Real Estate Law and Energy, Oil and Gas for California on
Q: How can I find out if stock certificates are still good? From 1964American Beryllium & oil corp,Leroy Cororation,

And stocks from Paradise strip investment, Nevada Land & mortgage com

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answered on Feb 20, 2023

To find out if stock certificates from 1964 for American Beryllium & Oil Corp and Leroy Corporation are still valid, you can follow these steps:

Check if the company still exists: The first step is to determine whether the companies are still in business. You can search for information...
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