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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ROB BONTA Attorney General of California 2 GARY E.TAVETIAN Supervising Deputy Attorney General 3 ROSS H.HIRSCH Deputy Attorney General 4 State Bar No. 204320 300 S. Spring Street, Suite 1702 5 Los Angeles, CA 90013 Telephone: (213) 269-6368 6 E-mail: [email protected] Attorneys for California Department of Exempt from filing fees under Gov. 7 Forestry and Fire Protection Code Section 6103 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF RIVERSIDE 10 11 CALIFORNIA DEPARTMENT OF FORESTRY Case No. 12 AND FIRE PROTECTION, 13 Plaintiff, COMPLAINT FOR FIRE COST 14 v. RECOVERY 15 SOUTHERN CALIFORNIA EDISON, A [Health & Safety Code §§ 13009, 13009.1] CALIFORNIA CORPORATION, AND 16 DOES 1-50, INCLUSIVE, 17 Defendants. 18 19 20 [Note—Pursuant to California Code of Civil Procedure sections 446, subdivision (a) and 21 431.30, subdivision (d), your answer to this complaint is required to be a verified answer, not a 22 general denial.] 23 24 25 26 27 28 1 Complaint for Fire Cost Recovery 1 Plaintiff California Department of Forestry and Fire Protection (CAL FIRE) alleges as 2 follows: 3 INTRODUCTION 4 1. On September 4, 2019, a fire started in wildland near the Northwest corner of the 5 Tenaja Road and Clinton Keith Road intersection (Site) in Murrieta, California. The fire is now 6 known as the Tenaja fire. 7 2. On information and belief, the electrical equipment in the area where the Tenaja fire 8 originated is owned and/or operated by Defendant Southern California Edison (SCE). 9 3. Defendants’ electrical equipment failed and started the Tenaja fire because defendants 10 failed to properly design, install, operate, inspect, and/or maintain their electrical power lines 11 (hereafter, Lines) and/or associated devices, poles, and equipment (hereafter, Equipment). 12 4. Defendants’ failures resulted in their Lines and/or Equipment coming into sufficiently 13 close proximity to one another to cause an electrical arc. The resultant arcing caused by 14 defendants’ Lines and Equipment ejected molten metal particles or sparks into adjacent receptive 15 fuel beds of dry vegetation. As a result, the Tenaja fire ignited and expanded. 16 5. By the time the Tenaja fire was fully contained, it burned approximately 1,939 acres 17 of annual grasses, brush, and oak woodland. 18 6. Health and Safety Code sections 13009 and 13009.1 authorize CAL FIRE to recover 19 its fire suppression costs associated with putting out the fire, along with investigation, 20 administrative, accounting, and collection costs, when a defendant negligently, or in violation of 21 law, sets a fire or allows a fire to be set. 22 7. CAL FIRE is also entitled to recover expert fees, reasonable attorney fees, and costs 23 pursuant to Code of Civil Procedure section 1021.8. 24 8. Finally, CAL FIRE is also entitled to pre-judgment interest pursuant to Civil Code 25 section 3287. 26 9. Consequently, CAL FIRE seeks those amounts against the defendants named herein. 27 Through negligence and violations of law, the defendants, and each of them, set the Tenaja fire or 28 2 Complaint for Fire Cost Recovery 1 allowed it to be set, as more fully alleged below. All of the allegations in this complaint occurred 2 on or about September 4, 2019, and are made on information and belief, unless otherwise noted. 3 10. On February 8, 2021, CAL FIRE sent a letter of demand to SCE. As of the date of 4 filing this complaint, SCE has not paid any amount of CAL FIRE’s demand. 5 PARTIES 6 11. CAL FIRE is, and at all times herein was, a state agency created within the California 7 Natural Resources Agency. (Pub. Resources Code, § 701.) CAL FIRE is responsible for 8 providing fire protection, fire prevention, maintenance, and enhancement of the state’s forest, 9 range, and brushland resources, contract fire protection, associated emergency services, assistance 10 in civil disasters and other non-fire emergencies, and for enhancing and enforcing forest and fire 11 laws. (Pub. Resources Code, §§ 713, 714.) CAL FIRE is authorized to file suit pursuant to 12 Government Code section 945. 13 12. The defendants are “persons” within the meaning of Health and Safety Code section 14 19 and Public Resources Code section 4101. 15 13. CAL FIRE is informed and believes, and on that basis alleges, that Defendant SCE is a 16 public utility and California corporation within and subject to the jurisdiction of the California 17 Public Utilities Commission. SCE’s principal place of business is in Rosemead, California. CAL 18 FIRE is informed and believes, and on that basis alleges, that at all times relevant to this 19 complaint, SCE owned, operated, and was responsible for Lines and Equipment at the Site that 20 caused the arcing events that ejected molten metal particles into adjacent receptive fuel beds of 21 dry vegetation causing the Tenaja fire. 22 14. The true names and capacities of defendants Does 1 through 50, inclusive, whether 23 corporate, individual, or otherwise, are unknown to CAL FIRE, which therefore sues such 24 defendants by fictitious names. CAL FIRE will seek leave of court to amend this complaint to 25 show their true names and capacities when they have been ascertained. On information and belief, 26 the Doe defendants, and each of them, are connected to and responsible for the acts complained 27 of herein. 28 3 Complaint for Fire Cost Recovery 1 15. CAL FIRE is informed and believes, and thereon alleges, that, at all times relevant 2 herein, each of the defendants was the agent and/or employee of, and/or engaged in a joint 3 venture with, each of the other defendants, and in doing the acts alleged herein, was acting within 4 the course and scope of such agency, employment, or joint venture. 5 JURISDICTION AND VENUE 6 16. The Court has jurisdiction to hear the claims alleged in this complaint and is 7 competent to grant the relief requested. The amount in controversy exceeds the minimal 8 jurisdictional limits of this Court. 9 17. Venue is proper in Riverside County because the Tenaja fire burned in, and CAL 10 FIRE incurred costs in, Riverside County, giving rise to obligations and liability herein alleged 11 against each defendant, and because defendants reside in, manage, own, operate, possess, or lease 12 property in, do or have done business in, and/or employ agents or employees within Riverside 13 County. 14 GENERAL ALLEGATIONS 15 18. Electric arcing due to energized power lines is a known cause of fires. When electric 16 arcing occurs near a receptive fuel bed such as vegetation, it is foreseeable that the electrical 17 discharge may eject sparks, molten metal, and other hot material into the adjacent vegetation and 18 cause a fire. 19 19. Defendant SCE installs, constructs, builds, maintains, manages, owns, and operates 20 electrical equipment throughout Southern California for the purpose of transmitting and 21 distributing electricity to the general public. 22 20. On information and belief, at all times relevant to this complaint, Defendant SCE 23 owned and operated electrical equipment located near the intersection of Tenaja Road and Clinton 24 Keith Road in Murrieta, California, the Site where the Tenaja fire started. 25 21. On information and belief, in the area around the Site, Defendant SCE provides power 26 to a 33 kilovolt (kV) “Wildomar Circuit,” which includes Lines and Equipment such as utility 27 poles and power lines. 28 4 Complaint for Fire Cost Recovery 1 22. On information and belief, on September 4, 2019, SCE’s 33 kV Wildomar Circuit was 2 energized. 3 23. On information and belief, on September 4, 2019, SCE owned and operated utility 4 poles number 4532048E (Pole 1) and number 2225276E (Pole 2), located at the Site. 5 24. On information and belief, on September 4, 2019, SCE’s Pole 1 and 2, and the Lines 6 and Equipment connected thereto, were part of the Wildomar 33 kV circuit. 7 25. On information and belief, on September 4, 2019, three SCE power lines ran between 8 and were connected to SCE’s Poles 1 and 2. 9 26. On information and belief, on September 4, 2019, SCE’s three power lines were 10 arranged vertically on Pole 1 and transitioned to a horizontal arrangement on Pole 2. 11 27. On information and belief, prior to September 4, 2019 due to vehicles hitting Pole 1 12 and/or 2, SCE reconfigured its Lines and Equipment in the area around and/or between Poles 1 13 and 2. 14 28. On information and belief, on September 4, 2019, the temperature at the Site at or 15 around the time the Tenaja fire started was between 90 to 100 degrees Fahrenheit and winds were 16 reported to be in the 20-25 mile per hour range. 17 29. On information and belief, on September 4, 2019, SCE’s power lines touched or 18 became close enough to cause an arc. 19 30. An arc event occurred due to SCE’s power lines’ being sufficiently close in proximity 20 to each other, which resulted in molten metal particles and/or sparks being ejected onto the dry 21 vegetation. Thus, Defendant SCE’s Lines and Equipment caused the Tenaja fire. 22 31. The Tenaja fire burned approximately 1,939 acres of wildland, beginning on property 23 owned by the Riverside County Region Park and Open Space District and spreading to property 24 owned by the California Department of Fish and Wildlife. 25 32. As a direct, foreseeable, and proximate consequence of defendants’ negligence and 26 violations of law described in this complaint, the Tenaja fire burned approximately 1,939 acres of 27 mixed wildland.
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