San Diego Fire Victim Lawyers

Frequently Asked Questions

Why aren't the wildfires an Act of God rather than something for which SDG&E should be responsible?

The wildfires were not started by lightning or some other Act of God. They were caused by SDG&E power lines. It is true that Santa Ana winds blew lines together or to the ground. But Santa Ana winds are a well known fact of life in Southern California, no different than rain. If a person caused an accident by driving in the rain with broken windshield wipers, it would be no excuse that rain is an Act of God. Neither is it excusable that SDG&E failed to design and install the power lines so that the lines would not blow together or to the ground in the wind. SDG&E could have put in simple and inexpensive "spreaders" to keep the lines apart. Further, SDG&E violated its own safety practices by re-energizing the lines at Witch Creek when they faulted and by failing to trim and clear trees and vegetation where the Rice Fire occurred.

I have heard about the Cal Fire report finding that SDG&E caused the fires. But I have also heard that the Cal Fire report cannot be admitted into evidence at trial. Is that true?

The report itself is not admissible. But the testimony of the investigators concerning their findings and of eye witnesses concerning what they saw is admissible.

What about Cox Cable's responsibility for the Guejito Fire?

Cox is also named as a defendant in the Guejito case and is being zealously pursued.

What am I entitled to recover?

People who suffered losses are entitled to recover for lost property, lost businesses and income, physical injuries they suffered, and emotional distress for such things as being in danger from the fire and losing irreplaceable family photos and heirlooms. Punitive damages will also be sought.

I received a $5,000 grant from Sempra Foundation; how does this affect my right to participate?

It doesn't. The grant papers do not require that you waive your rights to participate.

How much must I have lost to join?

Whether you own a home or business that was burned to the ground or you were a renter who lost your personal possessions, your loss is devastating. SDFVL understands this and is representing people with losses, in dollar terms, large and small.

Won't SDG&E raise electricity rates to cover the lawsuit?

SDG&E cannot increase rates on its own. It has to get approval for a rate hike from the California Public Utilities Commission (CPUC) and is doing so. But under California regulations, a utility is only allowed a rate hike if “reasonable”. SDG&E’s failure to follow save design and operations standards was unreasonable and caused the fires. Even if the PUC allows a rate hike, the amount of the increase over a lifetime will not come close to the amounts people lost in the fires; and if rates go up, they will do so whether you join or not.

Are my rights affected by any insurance I received?

Insurance companies frequently put what are called "subrogation" provisions in insurance policies. Subrogation is the right to recover from a wrongdoer amounts the insurance company has paid to a policyholder. Insurance companies with subrogation rights can seek reimbursement from SDG&E, but only for those amounts and claims they paid to policyholders. Most people with insurance were under-insured and would be entitled to recover loss amounts not covered by insurance and losses such as emotional distress not covered at all.

How will my losses and rights to compensation be determined? And how much of an imposition will this be on me?

San Diego Trial Victims Lawyers (SDFVL) understand how difficult it is to remember everything people have lost and has thus developed a questionnaire to help clients identify the types and amounts of their losses. Many people have already gathered much of this information for insurance claims. SDFVL also understands the need for personal contact with clients to make sure we have everything we need to assert the full amount of people's claims. SDFVL attorneys and staff will meet individually with clients to review the loss questionnaires in detail and obtain whatever additional information is necessary. SDFVL is sensitive to the emotional trauma of having to re-live the tragedy of the fires and will try to be as efficient as possible in developing clients' loss information. But it is in clients' interests to take the time and make the effort to provide SDFVL with all loss information to assure recovery of the full amount to which clients are entitled.