Positives for both sides in Tubbs fire civil trial date approval

The first civil jury trial linked to the 2017 Tubbs fire, now set for Jan. 7, will likely help expedite settlement negotiations and provide data points advancing Pacific Gas & Electric Company's reorganization goals during its bankruptcy proceedings.

San Francisco County Superior Court Judge Teri L. Jackson granted the plaintiffs' motion for trial preference Monday but denied PG&E's motion to move the civil case to Sonoma County Superior Court. California North Bay Fire cases, JCCP 4955.

Trial on the claims of 18 preference plaintiffs is estimated at four to six weeks, according to their counsel.

The California Department of Forestry and Fire Protection already determined the cause of the Tubbs fire wasn't related to the utility's equipment but the company plans to fully participate in the legal process, said a spokesperson, Paul Moreno.

The utility remains committed to supporting wildfire victims while working to emerge from its bankruptcy matters before the June 30, 2020 legislative deadline, Moreno said. The utility must adhere to that cutoff to later participate in the wildfire cost fund enacted via Assembly Bill 1054.

Gerald B. Singleton of San Diego, who represents the preference plaintiffs headed to trial, said the date setting creates a fair solution that addresses everyone's concerns: PG&E's desire to get out of bankruptcy before the June 30 deadline and plaintiffs' desires to have their day in court.

The outcome of the first trial would reveal a wide range of verdicts that can be used to help counsel during settlement talks, according to Singleton, and could also help with the estimation process in PG&E's bankruptcy case to determine the amount of probable total claims against the utility, if a jury finds the utility liable for the Tubbs fire.

"The extrapolated verdicts give us an idea as to how much should be awarded for specific damages, like wrongful death, emotional distress and other injuries," said Singleton.

All civil actions against the utility, which has been sued by plaintiffs in connection with 2017 and 2018 Northern California fires, were stayed after PG&E filed for Chapter 11 bankruptcy in January. U.S. Bankruptcy Judge Dennis Montali, who is overseeing the bankruptcy case, lifted a stay in August. PG&E faces upwards of $30 billion in liabilities, according to the utility's Security and Exchange Commission filings. The Tubbs fire erupted in October 2017 and burned more than 36,000 acres in Napa, Lake and Sonoma counties.