PG&E objects to most criminal charges over Sonoma County fire

Attorneys for Pacific Gas and Electric Co. indicated Tuesday they will object to more than two dozen of the 33 criminal charges the utility giant faces over an alleged role in starting a 2019 wildfire in Sonoma County.

At an arraignment Tuesday afternoon, Brad D. Brian of Munger, Tolles & Olson LLP asked Superior Court Judge Mark A. Urioste to delay the entry of a plea until late next month at the earliest while defense counsel and prosecutors litigate a demurrer. The demurrer will challenge 25 misdemeanor charges that PG&E recklessly emitted air contaminants in violation of health and safety codes, Brian said.

Prosecutors agreed to allow defense counsel until May 11 to file and said they would advise the court by May 25 of their response. A plea in the case could soon follow.

Sonoma County District Attorney Jill Ravitch charged PG&E this month with dozens of criminal counts, saying it recklessly started the 2019 Kincaid Fire that burned more than 75,000 acres in Northern California and injured a half dozen firefighters. The blaze was active for 13 days and destroyed more than 370 structures, according to state authorities.

The charges follow a report that state authorities sent to the DA last year that identified the cause of the fire as electrical transmission lines owned and operated by PG&E.

The criminal complaint lists five felony counts, including recklessly causing a fire with great bodily injury, recklessly causing a fire to inhabited structures and recklessly causing a fire to forest land. The felony charges include enhancements stating the fire caused great bodily injury to six firefighters, two minors and caused multiple structures to burn.

Ravitch also filed 28 misdemeanor counts, which include violations of utility codes and air pollution laws. The DA accuses the utility of not taking the necessary preventive precautions to avoid starting the fire.

Last year, PG&E entered into a written agreement with Ravitch waiving any statute of limitations defense for any criminal charges related to the fire until April 23, according to court documents. Ravitch charged the company on April 6, just two weeks before the agreement was set to expire.

Prosecutors noted Tuesday they have an outstanding search warrant for PG&E and indicated they might request an order to show cause at a later date if they don't receive certain items they say the company is supposed to hand over.

Urioste said it would be premature to issue such an order and told the parties to discuss the search warrant before returning to court next month.

The case is the latest in a string of civil and criminal legal battles the utility has been involved stemming from wildfires. In February, a federal judge called the utility "a terror" to California for its decision not to cut down a tree that he said was the cause of the Zogg Fire that killed four in September 2020. Last year, PG&E pleaded guilty to 84 counts of involuntary manslaughter for its role in causing a wildfire that wiped out the town of Paradise in 2018.

Along with Brian, PG&E is represented by Michael R. Doyen of Munger Tolles & Olson LLP, Jane Gaskell of Andrian, Gallenson & Gaskell and Timothy Lucey, in-house counsel for PG&E.

The case is due back in court on May 25. People v. Pacific Gas and Electric Co., SCR-7452284 (Sonoma Sup. Ct. Filed April 6, 2021