Judge dismisses some claims in Lubbock tenant utility shutoff lawsuit, refers others to state regulators

LUBBOCK, Texas (KCBD) – A district judge has dismissed the claims against Lubbock Power and Light and referred the remaining portions of a Lubbock tenant’s utility shutoff lawsuit to the Texas Public Utility Commission.

Judge J. Phillip Hays of the 99th District Court issued the ruling in Cause No. DC-2026-CV-1453, Maria Jesus Tucker v. Thunder Sun, Inc. and Thunder Pro, LLC, et al., following a hearing Tuesday in which attorneys for LP&L and Ambit Energy Texas asked the court to throw out parts of the case.

What the judge ruled

Hays granted LP&L’s plea to the jurisdiction, dismissing Tucker’s claims against LP&L, its officers and managers, members of the Lubbock City Council, and members of the Electric Utility Board.

On the claims against Ambit, Hays denied the company’s plea to the jurisdiction but granted its plea in abatement, referring the matter to the Public Utility Commission of Texas for consideration. All other causes of action against any defendant in the case are abated pending the PUC’s resolution.

Background on the case

Tucker filed suit after her electricity was shut off in January — just before severe winter weather — because her landlord did not pay the bill. She named the Lubbock mayor and city council, LP&L, Ambit, and others as defendants, arguing tenants need more notice and a real chance to keep service on…

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