PG&E delays Zogg Fire plea, will challenge basis of some charges

PG&E deferred entering a plea Friday to manslaughter and other charges in Shasta County arising from the Zogg fire pending the utility's filing of a demurrer challenging the basis of some of the charges.

The utility was set to be arraigned Friday in Shasta County Superior Court before Judge Cara L. Beatty on 31 charges, including four counts of involuntary manslaughter and 20 misdemeanors brought by District Attorney Stephanie A. Bridgett.

"The demurrer attacks the face of the complaint, not the facts of the case as it relates to the air pollution charges filed against them," Briona Haney, a spokeswoman for Bridgett, said Friday. People v. PG&E, 21-06622 (Shasta County Super. Ct., filed Sept. 24, 2021).

A PG&E statement provided by spokesman James Noonan said, "We've previously stated we accept CAL FIRE's finding that a tree falling into our equipment started the fire, but we do not believe there was any criminal activity.

District Attorney Stephanie A. Bridgett

"Today, we informed the court that we will file a motion next month challenging the legal basis of certain charges in the government's complaint. We remain committed to working to further reduce wildfire risk on our energy system, and our 25,000 co-workers are working hard every day to deliver on that commitment," according to the company statement.

PG&E is represented by Chair Brad D. Brian and partners E. Martin Estrada, Lisa J. Demsky, Michael R. Doyen and Laura K. Lin of Munger, Tolles & Olson LLP along with Michael C. Borges of Redding.

In addition to Bridgett, prosecutors handling the case include Chief Deputy District Attorney Benjamin L. Hanna and Deputy District Attorney Ian S. Frazer.

Bridgett charged the utility company in September days before the anniversary of the fire, which burned more than 56,000 acres and killed four people in 2020.

"You may wonder, 'Why criminal charges against a corporation that can't go to jail?' Well, because PG&E has a history, a repeated pattern of causing wildfires that is not getting better. It is only getting worse," Bridgett said at a news conference announcing the charges on Sept. 24.

Bridgett is also investigating the utility for possible involvement in the Dixie Fire, the second largest wildfire in state history, along with District Attorneys Michael L. Ramsey of Butte County, David D. Hollister of Plumas County, Susan M. Rios of Lassen County and Matthew Rogers of Tehama County. The DAs have yet to announce their findings.

Additionally, the counties all filed a joint lawsuit against PG&E last week in San Francisco Superior Court. The causes of action include nuisance, premise liability, trespass and public utility code violations.

PG&E is also facing charges in Sonoma County regarding the Kincaid Fire. PG&E accepts the finding that its equipment started the fire, but denies any criminal wrongdoing.

The utility company challenged 22 of the 33 charges filed against it arising from alleged violations of environmental statutes in a demurrer that was overruled by Sonoma County Superior Court Judge Mark A. Urioste in September. People v. PG&EM, SRC-7452284-1 (Sonoma Super. Ct., filed April 6, 2021).