Utilities’ defenders to file against SoCalEdison

Longtime defense attorneys known for representing major utility companies said Wednesday they have switched to the plaintiffs' side to file a lawsuit against Southern California Edison on the behalf of victims of the 2018 Woolsey fire.

Quinn Emanuel Urquhart & Sullivan LLP partners Kenneth Chiate and Jeffery McFarland, who have for years defended utilities San Diego Gas & Electric and Pacific Gas & Electric Co. in unrelated wildfire litigation, have joined with Engstrom Lipscomb & Lack in a negligence suit they intend to file against Southern California Edison later this month.

"Having spent more than a decade defending major power utilities -- though not Southern California Edison -- and attended hundreds of mediations with thousands of victims of wildfires suing utilities, we know something about how fire victims feel, what they have experienced, and the losses they suffered," Chiate said.

Ironically, many of the suits in which Chiate has defended utilities were filed by Lipscomp and Lack. Most recently, the two firms were opponents in a suit filed against PG&E relating to the Butte fires in Sacramento.

Chiate said after years of defending against litigation brought by attorneys from Lipscomp and Lack, he came to know and respect them, calling it one of the leading plaintiffs' firms in the country.

"We are thrilled and flattered to have the Quinn Emanuel firm partner with EL&L on the representation of so many Woolsey fire victims," said Lipscomp and Lack founding partner Walter Lack in a statement Wednesday. "Quinn Emanuel has the resources and reputation to guarantee the best possible outcome for the fire victims."

When asked if he thought SoCal Edison would attempt to disqualify them from the suit by claiming a conflict of interest, Chiate said he would not be surprised if they did but because he and McFarland have never represented SoCal Edison, he believes "any such disqualification would be without merit."

Chiate said while it will be helpful to have experience as a defense attorney for major utilities, nothing he learned in connection with any particular client would be useful, since he is legally bound to keep such information confidential.

"I would not and professionally cannot disclose information in connection with any other litigation,' Chiate said.

"This is a personal matter for us, not just a legal one," said Chiate in a statement. Chate is a 45-year resident of Malibu and lost his home in the 1993 Malibu wildfire. "I know how it feels to lose everything. Many of our friends and neighbors were directly impacted by the Woolsey fire."

Attorneys representing SoCal Edison were contacted but unavailable for comment Wednesday.

Chiate said the lawsuit is to be filed in Los Angeles County Superior Court either later this week or early next week.