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Pleading Form with 28 Lines 1 KENNETH ZOOK, individually and as ) 2 trustee of the Zook Kenneth B Rev Liv ) Trust; ) 3 MIKE and CLARE MULLIN; ) 4 IRENE RUSS, individually and as trustee ) of the Irene S. Russ Trust of 2012; ) 5 GARY A. and SANDRA L. ) 6 SCHLUETER; ) MARJORIE M. LEWIS individually and ) 7 as trustee of the Lewis Marjorie M. 2003 ) 8 Revocable Trust; ) PRAXEDIS SANCHEZ and DANIELA ) 9 GARIBO; ) SUSAN L COOK, individually and as ) 10 trustee of the Wayne A. Cook and Susan L. ) 11 Cook Trust; ) TREVOR A. and AMBER M. ) 12 FLETCHER, individually and as guardian ) 13 for L.B.F & R.M.F; ) PAMELA HOWELL; ) 14 TAMMY HOWELL; ) 15 DANNY O. COLBY; ) JEFFREY and MIRANDA OWENS; ) 16 JOHN P. and TAMMY MOORE; ) 17 GREGORY ATKINS; ) ARIANNA L. MULHOLLAND; ) 18 JEFFREY MASON; ) 19 ROBERT D. SCHERTZ; ) CLINT SCHLUETER and MAITE ) 20 CABRERA; ) 21 DAMON L. and CAROL BRAZELL; ) AUSTIN BRAZELL; ) 22 MICHAEL J. CHALLENDER and ) 23 KIRSTEN EBERT; ) CHRISTOPHER H. CHOUINARD; ) 24 GEOFFREY BRYAN THEODORE ) 25 MCCOY; ) DAVID and GAYLE MARTIN; ) 26 ANNETTE VOWELL, individually and as ) 27 trustee of the Vowell Family Revocable ) Trust of 2006; ) 28 ) COMPLAINT FOR DAMAGES - 2 1 MARY JAN POWERS-NIGHTINGALE, ) 2 individually and as trustee of the Powers ) Nightingale Mary Jan 2016 Trust; ) 3 BILL BUSHNELL; ) 4 KENT LOWE, individually and as trustee ) of the Lowe Family Living Trust; ) 5 JEANNE LOWE; ) 6 BRIAN D. MILLER and TABITHA ) HENDRICKS; ) 7 REBECCA F. PERRY; ) 8 CANDACE STEELE; ) KYLE GARRETT; ) 9 RAY DALE and JANICE KATHLEEN ) PEDERSEN; ) 10 CHANTELL STEELE; ) 11 PERRY REYES; ) BERNITA MORRISON; ) 12 RANDY and BRENDA SANDIFER; ) 13 BAILEY SANDIFER; ) JANET MARTINEZ; ) 14 FELIX MARTINEZ; ) 15 TYLER REYES; ) KIMBERLY LAWSON; ) 16 PHOUNGEUN KHANTHAVONG; ) 17 DEVONG PAMOUANSITH, individually ) and as guardian for K.K; ) 18 HELEN M. MALONEY; ) 19 NORMAN BAILEY; ) CRAIG NIELSON; ) 20 SACK THONGVANH and ) 21 BOUARAPHA THONGVANH; ) RENIUS and KAREN OWEN, ) 22 individually and as trustees of the Renius ) 23 and Karen Owen 2007 Family Trust; ) CLIFF DEWELL, individually and as ) 24 trustee of the Dewell Family Trust; ) 25 TRENT and ROCHELLE DEWELL; ) DENNIS L. PLUMB; ) 26 GISELA OKONSKI; ) 27 IAN OKONSKI- FERNANDES; ) IRENE OKONSKI-FERNANDEZ; ) 28 JAMES JEFFREY STEWART; ) COMPLAINT FOR DAMAGES - 3 1 IRMONGARD OKONSKI; ) 2 PAULA WEBB; ) JOSEPH BULLAN and ANITA ) 3 JACOBSON; ) 4 KATHRYN ROGERS; ) DAVE ARMSTRONG; ) 5 GREGG and CLAUDIA SHERMAN; ) 6 MARK D. MCCALLUM; ) MARK W. MCCALLUM; ) 7 LYLA M. MCCALLUM; ) 8 RAUL and JILL GROO, individually and ) as guardian for A.G., L.G.; ) 9 ROBERT V. BLISS; ) RONALD K. BRANCH; ) 10 WILLAM WINTTER; ) 11 DIANNE E. BARKEY and DANA D. ) ANDERSON; ) 12 TOMMY SCHLENKER; ) 13 GEORGE OLDBURY; ) GRACIELA M. and JESUS ALFARO; ) 14 MICHAEL E. BOSWELL; ) 15 BAILIE BOSWELL; ) CANAAN BOSWELL; ) 16 ROBERT L. and CAROLINE F. ALLEN, ) 17 individually and as trustees of the Robert ) and Caroline Allen Family Trust, A ) 18 Revocable Trust Dated June 26, 1998; ) 19 LESLIE R. and ELVIRA E. SHOUP; ) LISA M. FLAIG, individually and as ) 20 guardian for J.F., A.F., A.F., and J.F.; ) 21 JASON GIBSON; ) CHRIS STUTESMAN; ) 22 BRIAN L. MEARS; ) 23 JERRY M. DALRYMPLE; ) PATRICIA J. DALRYMPLE; ) 24 JANE DALRYMPLE; ) 25 ASA DALRYMPLE; ) LARA MAC; ) 26 WILLIAM CLAGETT; ) 27 GEORGE BEATTY; ) ROBERTA FRANKLIN; ) 28 JEFF KING; ) COMPLAINT FOR DAMAGES - 4 1 DANIEL and ROXANNA PEARSON, ) 2 individually and as trustees of the Pearson ) Family Living Trust; ) 3 DONALD C. and CYNTHIA L. ) 4 ERCOLINE, individually and as trustees of ) the Ercoline Family Revocable Trust of ) 5 2004; ) 6 LINDA ARMSTRONG; ) DALE and JOANN PARROTT, ) 7 individually and as trustees of the Dale J. ) 8 Parrott Revocable Trust 2011; ) JON KINGSBURY; ) 9 THEODORE C. and MARY JANE ) LANDIS, individually and as trustees of ) 10 the Theodore C. Landis & Mary Jane ) 11 Landis Family Trust of 2017; ) ROSETTA BULLAN; ) 12 MICHAEL L. SPENCER; ) 13 JOHN SPENCER, individually and as ) trustee of the Spencer Family Living Trust; ) 14 MIKE and ALISA SCHULZ; ) 15 ) ) 16 Plaintiffs, ) 17 ) vs. ) 18 ) 19 PG&E CORPORATION, a California ) Corporation; PACIFIC GAS & ) 20 ELECTRIC COMPANY, a California ) 21 Corporation; and DOES 1 through 100, ) inclusive, ) 22 ) 23 Defendants ) ) 24 25 26 /// 27 /// 28 /// COMPLAINT FOR DAMAGES - 5 1 Plaintiffs allege as follows: 2 3 I. INTRODUCTION 4 1. PG&E CORPORATION and/or PACIFIC GAS AND ELECTRIC 5 COMPANY (collectively, “PG&E”) has consistently demonstrated a corporate culture of 6 valuing profits over the lives of the hundreds of thousands of users and citizens of Northern 7 California who are within range of its now notoriously dangerous infrastructure. This has 8 historically resulted in the loss of lives and the destruction of property. This case is no 9 different. 10 2. On or about September 27, 2020, property owners and residents of Shasta 11 County and parts of Tehama County were devastated by a severe wildfire known as the 12 Zogg Fire. The Zogg Fire was started by electrical infrastructure owned, operated and 13 maintained by PG&E. As reported by CAL FIRE, the Zogg Fire raged for more than 16 14 days, ravaged more than 56,000 acres, killed four people, injured one person, damaged 27 15 structures, and completely destroyed 204 structures including some historical landmarks 16 located in the towns of Igo and Ono. Plaintiffs in this case are victims of the Zogg Fire. 17 Plaintiffs in this action seek damages for, inter alia, personal injury; damage to and loss of 18 use of real and personal property; pain and suffering; injury to livestock and pets; loss of 19 income; consequential and incidental damages; and for emotional suffering, fear and 20 anxiety, annoyance, discomfort, and inconvenience; and/or other harm caused by the 21 wrongful conduct of PG&E. 22 3. As set forth in more detail below, based on information and belief the Zogg 23 Fire—and its deadly path—was an avoidable byproduct of PG&E’s disregard of public 24 safety. PG&E, although mandated to do so, failed to identify, inspect, manage, and/or 25 control vegetation growth near its power lines and/or other electrical equipment. This 26 created a foreseeable danger of trees and/or other vegetation coming into contact with 27 PG&E’s power lines and/or other electrical equipment and causing electrical problems. 28 COMPLAINT FOR DAMAGES - 6 1 4. PG&E knew about the significant risk of wildfires and other disasters caused 2 by its ineffective vegetation management programs, unsafe equipment, and/or aging 3 infrastructure for decades before the Zogg Fire began and, as described below, has been 4 repeatedly fined and/or convicted of crimes for causing wildfires, explosions, and other 5 disasters by failing to mitigate these risks. 6 5. Wildfires, explosions, and other devastating events have resulted from 7 PG&E’s long history of choosing to divert necessary funds away from its public safety, 8 vegetation management, and/or infrastructure maintenance programs and instead direct 9 those resources towards increasing the company’s profitability. 10 II. THE PARTIES 11 A. PLAINTIFFS 12 6. On or about September 27, 2020, Plaintiff, Mary Ann Smith, individually 13 and as trustee of the Smith Mary Ann Rev Trust, owned, occupied and/or had personal 14 property located at 8012, 8064 and 8097 Zogg Mine Rd., Igo, CA 96047. 15 7. On or about September 27, 2020, Plaintiffs, Tim and Louisa T. Smith, 16 owned, occupied and/or had personal property located at 8064 Zogg Mine Rd., Igo, CA 17 96047, APN: 041-400-044-000. 18 8. On or about September 27, 2020, Plaintiff, Mark Preston Smith, owned, 19 occupied and/or had personal property located at 8064 Zogg Mine Rd., Igo, CA 96047, 20 APN: 041-400-044-000. 21 9. On or about September 27, 2020, Plaintiffs, Donald B. and Mary A. Belkin, 22 owned, occupied and/or had personal property located at 7788 and 7880 Zogg Mine Rd, 23 Igo, CA 96047, APN: 041-740-041-000. 24 10. On or about September 27, 2020, Plaintiffs, Steven and Marilee C. Gavras, 25 owned, occupied and/or had personal property located 7257 Deck Way, Igo, CA 96047, 26 APN: 045-730-013-000. 27 28 COMPLAINT FOR DAMAGES - 7 1 11. On or about September 27, 2020, Plaintiffs, Robert Carl Hunt and Susana 2 Bewley, owned, occupied and/or had personal property located 12961 Platina Rd, Igo, CA 3 96047, APN: 045-600-007-000. 4 12. On or about September 27, 2020, Plaintiffs, Bruce and Irene Ledbetter, 5 owned, occupied and/or had personal property located at 7119 and 7222 Rector Creek Rd, 6 Igo, CA 96047. 7 13. On or about September 27, 2020, Plaintiffs, Lucas and Karina Pearson, 8 owned, occupied and/or had personal property located at 12500 Platina Rd, Igo, CA 96047, 9 APN: 044-370-006-000. 10 14. On or about September 27, 2020, Plaintiff, Douglas G. Reid, owned, 11 occupied and/or had personal property located at 7997 Zogg Mine Rd, Igo, CA 96047, 12 APN: 041-740-017-000. 13 15. On or about September 27, 2020, Plaintiff, Igo Ono Community Service 14 District, owned, controlled and/or maintained Rainbow Lake and approximately 17 miles 15 of irrigation ditch that supplied water to the Igo and Ono communities. 16 16. On or about September 27, 2020, Plaintiff, Charles W. Tucker individually 17 and as trustee of the Tucker Family 1992 Revocable Trust, owned, occupied and/or had 18 personal property located at 10711 Rainbow Lake Rd, Igo, CA 96047, APN: 044-020-062- 19 000. 20 17. On or about September 27, 2020, Plaintiffs, Joshua Tucker and Kerri Knox, 21 owned, occupied and/or had personal property located at 10711 Rainbow Lake Rd, Igo, 22 CA 96047, APN: 044-020-062-000.
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