Thomas Fire class action trial moved to Ventura County

Trial for a putative class action for tens of thousands of plaintiffs affected by the Thomas Fire will be heard in Ventura County Superior Court.

Los Angeles County Judge Elaine Lu granted, in part, the plaintiffs' motion to transfer the case on Tuesday over the vehement opposition of defendant Southern California Edison, which argued that Los Angeles is better equipped to handle the case, and that many judges in Ventura County might be from the proposed class area.

The plaintiffs' plan to call several first responders and other percipient witnesses to establish liability appears to have compelled Lu to transfer the case north for trial. Attorneys with Cappello & Noël LLP filed declarations from members of the Ventura County Fire Department stating that they must be available for 24-hour shifts in Ventura County to provide emergency services.

"The convenience of the parties and witnesses heavily weighs in favor of transferring the trial to be heard in Ventura County," Lu wrote. "Defendant's concerns involving potentially conflicted judges and court staff is a matter that can be resolved through appropriate recusals - where necessary - and by limiting the potential class to avoid conflicts."

Lu pointed out that the factors supporting the transfer apply only for motions in limine and trial. She will retain jurisdiction over all other pretrial motions.

The Thomas Fire ignited near Thomas Aquinas College in Santa Paula on Dec. 4, 2017. It destroyed over 280,000 acres over the course of about two weeks. Investigators concluded that it was caused by Edison's energized powerlines arcing or touching dry brush.

Approximately 4,500 individual cases were filed in the wake of the fire. Cappello & Noël LLP filed about 20 of those cases as well as the class action that is going to Ventura. But the class action was stayed for about four years pending the resolution of the individual cases. The third amended complaint claims negligence, inverse condemnation, private nuisance and trespass. The plaintiffs say they were unable to use their properties for a period of time due to smoke and ash.

"We think that this is a case that needs to be brought on behalf of residents of Santa Barbara and Ventura counties who have not otherwise been compensated for the losses sustained as a result of the Thomas Fire. There were a lot of people who were unable to live in their homes as they ordinarily would, and they should be compensated for that," said Cappello & Noël LLP partner Leila J. Noël.

SCE did not immediately respond to a request for comment. The case is Peter Park, et al. v. Southern California Edison Company, BC691146 (L.A. Super. Ct., filed Jan. 24, 2018).