Ask a Question

Get free answers to your Energy, Oil and Gas legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Energy, Oil and Gas Questions & Answers
1 Answer | Asked in Energy, Oil and Gas and Probate for California on
Q: Does 25% Undivided interest in a 1.03 ac parcel need to go through probate? Also oil & mineral rights that pay $50/yr?

My mother passed 5yrs ago. Everything was left to just me in her trust. I have since found out a property she owns 25% undivided interest of was not in her trust along with some mineral and oil rights. I might be able to submit an Affidavit re Real Property of small value, but how do I know if it... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

Based on the information provided, it seems there are a few key considerations:

1. Probate requirement: In California, assets that were not properly transferred into a living trust before the person's death generally have to go through probate. This would apply to the 25% undivided...
View More

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...
View More

View More 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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"...
View More

View More Answers

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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Consumer Law, Civil Litigation and Energy, Oil and Gas for California on
Q: Can I sue the company that installed my solar system?

We purchased (in full) a solar system that was installed in 2023 in Southern California and received our NEM 2.0 Permission To Operate (PTO) from SCE in September 2023. We just received an annual settlement bill from SCE for $3,200. I contacted SCE and they told me our system generated zero... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2024

I'm sorry to hear about the issues you're experiencing with your solar system. Given that both SCE and your solar company are pointing fingers without resolving the problem, it's understandable to feel frustrated.

You may have grounds to take legal action if the installation...
View More

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Energy, Oil and Gas for California on
Q: Solar installed a couple years ago, have had to replace the Panels, then invert, now out again, do I have a case?

Not producing power, can't get a human on the phone, text with troubleshooting "agent" gets cut off, can not make a service appointment even on-line. Nothing but frustrations. Their inferior products (panels and inverter) have both failed within the first couple years and have been... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

It sounds like you're dealing with a lot of frustration and potentially defective solar products. If your solar panels and inverter have failed multiple times within just a few years, you may have grounds for a case under California's consumer protection laws. These laws generally cover... View More

1 Answer | Asked in Energy, Oil and Gas for California on
Q: Can utility companies prevent you from monitoring your own electricity usage using outside sources/gadgets?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2024

Utility companies generally cannot prevent you from monitoring your own electricity usage with outside gadgets or tools. As a consumer, you have the right to know how much electricity you’re using in your home. Devices like smart plugs, energy monitors, or other third-party gadgets are designed... View More

1 Answer | Asked in Real Estate Law, Energy, Oil and Gas, Gov & Administrative Law and Probate for California on
Q: I got a Notice of Hearing from US Dept. of Interior re: probate of my late husband's estate. He died in 2016. Next step?

My late husband died penniless 8 years ago, but he had part ownership with his siblings of 3.3 acres with mineral, gas & oil rights on the Standing Rock Reservation. I contacted the Tribe back then to tell them he died. They said he was not on the Tribal roles and that I had no right to discuss... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2024

The Notice of Hearing you received suggests that your late husband's estate is now being processed through the Department of the Interior, likely because of the property on the Standing Rock Reservation. The hearing is likely triggered by the need to determine rightful heirs and manage the... 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Energy, Oil and Gas for California on
Q: I’m trying to get some type of help with my Oil gas and mineral lease.

Is it possible to be offered money from two different companies

James R. Dickinson
James R. Dickinson
answered on Jul 19, 2023

You need to speak an attorney who specializes in such issues. Thankfully, Los Angeles is a large market and you'll likely find someone to help you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... View More

View More Answers

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.