Key witness in Porter Ranch gas leak cases to be deposed again

LOS ANGELES -- Perhaps the most important witness in the now four-year court battle against Southern California Gas Company over its 2015 well blowup is a principal company engineer who knows about what chemicals were released.

That engineer, May Lew, was responsible for keeping track of what was contained in the natural gas wells when it spewed 10,000 metric tons of methane.

She has been part of deposition battles dating back to the summer of 2018, when SoCalGas attorneys sought a protective order to bar her testimony. In the end, she was deposed for three days.

On Wednesday, Los Angeles County Superior Court Judge Carolyn B. Kuhl allowed for Lew to be deposed again, this time for no more than five hours, as the judge tries to push toward a summer trial date for one massive case.

About 40,000 plaintiffs represented by nearly 200 law firms are suing the utility and its parent, Sempra Energy, over claims the emission of chemicals caused them to fall ill and exposed them to cancer. A total of 96 defense witnesses have been deposed. Plaintiffs said Lew's name appears on almost 2,000 emails connected with the gas well. Southern California Gas Leak cases, JCCP 4861 (L.A. Super. Ct., filed Feb. 2, 2016).

Kuhl

Plaintiffs' attorneys have sought to find out from Lew what kinds of chemicals were released during the four-month long leak. Specifically, they have sought the levels of hazardous chemicals such as benzene, formaldehyde and arsenic. Attorneys involved in the litigation include prominent litigators Brian J. Panish of Panish, Shea & Boyle, R. Rex Parris of Parris Law, Paul R. Kiesel of Kiesel Law LLP, and Raymond P. Boucher of Boucher LLP.

SoCalGas initially produced Lew as its "person most qualified" witness to testify about the contents of stored gas. A battle over the scope of her deposition led a previous judge in the case, Lisa Hart Cole, to deny the utility's bid for a protective order.

Plaintiffs are now deposing Lew again.

David L. Schrader, a SoCalGas defense attorney with Morgan, Lewis & Bockius LLP, told Kuhl in court Wednesday Lew's first deposition, which has lasted for 21 hours, has gone well beyond its scope.

But Kuhl allowed for her tentative ruling for five more hours to stand.

Parris

"We're happy with the court's tentative. We should be able to get it done in time," Parris told Kuhl.

In her ruling, Kuhl wrote there were areas in Lew's deposition that were not previously covered.

"In particular, private plaintiffs seek to explore Ms. Lew's knowledge of testing that was conducted during the blowout," wrote Kuhl.

She said the defense did not make a showing that further deposition of Lew would be an undue burden because they didn't prove her knowledge of the blowout was covered comprehensively during her first deposition.

Kuhl this week also ordered the production of surveys taken by the county Department of Public Health over health effects from the leak, which the department sought to block and said no longer exist. The judge ordered them to be produced in two weeks.

Speaking in court, Kuhl said urged parties to expedite matters.

"Time is very short. Everybody has to use their time wisely," the judge said.