Lawsuits filed against Southern California Edison Co. alleging that the utility’s negligence is linked to the outbreak of the destructive 2022 Fairview Fire in Riverside County have been impacted by the recent blazes in Los Angeles County.
The Fairview Fire broke out in September 2022, killing two people and forcing the evacuations of thousands in Hemet. Depositions of key people in that litigation have been delayed because of the Los Angeles County fires, according to new court papers filed by the plaintiffs’ attorneys.
The Fairview Fire litigation involving multiple plaintiffs has been consolidated in Los Angeles Superior Court and alleges that Edison “negligently, recklessly and willfully failed to maintain an appropriate clearance area between the electrical equipment in its utility infrastructure and surrounding vegetation.”
The plaintiffs are suing for inverse condemnation, negligence, trespass, nuisance, premises liability and violations of the Public Utilities and Health and Safety Codes. They also seek punitive damages.
SCE is seeking dismissal of the inverse condemnation allegation and the claim for punitive damages. SCE argues that its power lines and infrastructure did not serve a public use and that its conduct does not rise to the level required for punitive damages.
On Friday, Judge Carolyn Kuhl scheduled a hearing for March 5.
In a sworn declaration filed with Kuhl, plaintiffs’ attorney Jon Cadieux said the deposition of Tom Brady, who is involved in SCE operations, was scheduled Jan. 9, but was canceled when the Los Angeles County blazes started two days earlier. Brady is anticipated to testify about the utility’s power shutdown procedures, which the plaintiff’s attorneys say is important regarding punitive damages.
Also canceled for the same reason was the deposition of Paul Pimentel, the principal SCE manager who filed SCE’s electric incident safety report, which was supposed to take place on Jan. 16, according to Cadieux, who additionally says that Pimentel is expected to have information about SCE’s wildfire mitigation measures and inspections as well as the estimated time that the Fairview Fire ignited.
Cadieux said multiple other SCE personnel depositions as well as that of a Cal Fire investigator are scheduled before the end of January. The judge ordered the parties to complete a schedule of all pending depositions by Wednesday.
According to the Fairview Fire litigation, rather than an “act of God or other force majeure,” the blaze was started by sparks from high-voltage transmission lines, distribution lines and other SCE electrical equipment that ignited surrounding vegetation.
In addition to property damage, the plaintiffs have suffered losses of cherished possessions and their resulting personal expenses have included medical bills and lost wages, the suit states. They also have suffered emotional distress and their harms are ongoing, according to the suit.