Factual Background

The complaint alleges that complainant Gina Guillamun Di Resta (Di Resta) leases an apartment in the Esprit de Sol Apartments (Esprit) in Solano Beach, California. The Esprit complex encompasses 33 apartments in four buildings.

Esprit obtains its water supply for its apartments from the Santa Fe Irrigation District (District) through a two-inch master meter. Esprit includes delivery of this water to each individual apartment as part of the rent charged each lessee. However, Esprit also heats water and delivers hot water to each apartment through a submeter system. Each lessee is billed for hot water consumption on the basis of metered usage. A recording device is triggered when the hot water being delivered through the meter reaches a certain temperature.

Esprit employs the services of Pacific Billing Services to read, compute, bill, and collect these hot water usage charges, which are assessed separately from rent.

Di Resta questions her billed usage and asserts that Esprit is in violation of Pub. Util. Code § 2705.5 because it is charging more for hot water than Esprit pays the District for water. ¹ She requests refund of the difference above the amount she would pay for water were she being served directly by the District.

In answer, Esprit states that the District does not sell "hot water." It denies incorrect or unjust billing and states that charges for hot water usage are in accord with the terms of Di Resta's lease. Esprit, stating its belief that the Commission lacks jurisdiction in this matter, asks that the complaint be dismissed for lack of jurisdiction.