Woolsey Fire report disclosure may affect prosecution

State Attorney General Xavier Becerra warned plaintiffs that disclosing documents relating to a criminal probe of the 2018 Woolsey Fire would allow parties to manipulate facts, witnesses and interfere with a potential prosecution.

While not taking a stance on the disclosure of the causation report into the wildfire, defendant Southern California Edison Co., which is at the center of Becerra's criminal investigation, is attempting to block plaintiffs from deposing its employees before disclosure.

Edison faces thousands of claims in Los Angeles County Superior Court for the wildfire that scorched over 96,000 acres in Ventura and Los Angeles counties two years ago. Kevin Foley et al v. SoCal Edison et al 18STCV08779 (L.A. Super. Ct., filed Dec. 18, 2018).

Citing the frustration caused by months of delays, plaintiffs' leadership counsel last month filed a motion to compel the California Department of Forestry and Fire Protection and the Ventura County Fire Protection District to turn over their unredacted causation report.

Deputy Attorney General H. Alexander Fisch and Ventura fire district lawyers from Baron & Budd PC filed an opposition to the plaintiffs' motion Tuesday. Fisch argued the report should remain confidential until Becerra makes filing decisions.

"Cal Fire and VCFPD appreciate the parties' desire to move this litigation forward and the Attorney General's Office has worked diligently to conclude its investigation," Fisch wrote. "Mandating the premature disclosure of the contents of the criminal investigation file however, would undermine the law enforcement process in this case."

Edison's counsel from Hueston Hennigan also filed a limited opposition Tuesday, fighting against the plaintiffs' quest to depose the utility's employees. Edison suggested depositions of percipient witnesses -- those that have actual firsthand knowledge of the fire -- can proceed without the Cal Fire report.

Forcing Edison to prepare witnesses without the full report unnecessarily risked potential prejudice to the company, John C. Hueston wrote in his opposition.

The issue will be heard July 7 by Los Angeles County Judge William F. Highberger who is presiding over the consolidated and coordinated mass tort action.

During the COVID-19 court shutdown, Edison has settled with 19 plaintiff households, for a total of 34 settlements, some reached through mediation and others through discussions between counsel. Another mediation is on calendar for July with the expectation that at least 21 more households' demands will be mediated. Edison has also processed 58 new households' demands and plans to seek to resolve each in the coming months.