First 2 lawsuits filed over Woolsey Fire

Litigation over the Woolsey Fire has begun as plaintiffs seek to hold Southern California Edison responsible for the blaze that reached the most affluent parts of Los Angeles County.

A proposed class action filed Nov. 15 in Los Angeles County Superior Court claims the utility failed to shut power off in some areas despite warnings about the potential outbreak of wildfires. In the days leading up to the Nov. 8 fire, the utility sent out notices saying it was monitoring the situation and would shut off power if needed.

"And they never did. Had they done that, it could have totally been avoided," said plaintiffs' attorney Alexander Robertson of Robertson & Associates LLP. "We feel very strongly Edison started the fire," he said.

Robertson, who said he fended off flames within 100 feet of his home, represents plaintiff Michael Henthorn, whose 20-acre Malibu ranch was destroyed during the blaze. His co-counsel includes Foley, Bezek, Behle & Curtis LLP, Joseph Liebman and Spreter & Petiprin LLP. Henthorn v. Southern California Edison, 18STCV05569 (L.A. Sup. Ct., filed Nov. 15, 2018).

The other case, filed by R. Rex Parris and Kevin Shenkman, is a putative class action that includes property owners, renters and businesses in Los Angeles and Ventura counties affected by the fire. Perkins v. Southern California Edison, 18STCV05313 (L.A. Sup. Ct., filed Nov. 15, 2018).

Both lawsuits cite similar causes of action, including negligence, inverse condemnation and public and private nuisance.

In response to questions about the litigation, Southern California Edison noted in an email the cause of the fire is being investigated, the utility cannot comment on lawsuits, and its focus is on restoring electricity and giving other assistance to its customers..

Parris said instead of admitting culpability for the fires, the utility is marshaling lobbyists and public relations firms.

"They are reaching out to agencies that regulate them and instead of coming out protecting the citizens, they will be protecting the utility," said Parris.

The claims also cite a preliminary report by the utility to the California Public Utility Commission that said a utility substation experienced a disturbance two minutes before the fire was reported. "The fire originated at the same SCE facility where the substation is located," according to the class action.

Robertson said disruption reports often mean a power line went down although Edison said that hasn't been determined yet.

Further, the lawsuits said the company only made the situation worse when it shut off power just as firefighters needed water the most.

A spokesperson for the utility said in the email, "CAL FIRE and the Ventura County Fire Department are investigating the cause of the Woolsey fire. The investigation may take a considerable amount of time to complete. SCE's focus at this time is service restoration to customers still impacted in the Malibu area, and providing additional assistance to customers through the L.A. County local assistance centers."

Robertson, Liebman, and Robert Curtis of Foley, Bezek, Behle & Curtis are also part of the Plaintiffs' Executive Committee for the Thomas Fire and Montecito mudslide cases, which have been coordinated as a Judicial Council Coordinated Proceeding by Los Angeles County Superior Court Judge Daniel Buckley.

The attorneys represent over 400 plaintiffs in the matter, according to Robertson.