On March 10, 2010 the California Supreme Court denied SDG&E’s request to depublish legal authority permitting homeowners to recover their restoration costs for tree and property damage caused by SDG&E, whose power lines ignited the 2007 October fires in San Diego County.
San Diego Gas & Electric Company, along with several tree trimming contractors, currently are defendants in California state court because SDG&E’s powerlines started the October 2007 wildfires, in which thousands of families lost their homes.
SDG&E and the tree trimming contractors wrote to the Chief Justice of the California Supreme Court on January 15, 2010, requesting the Court to “depublish” sections of the legal decision Kelly v. CB&I Constructors, Inc., 179 Cal. App. 4th 442. The Kelly decision says property owners may recoup the cost to restore their property to its original condition, and homeowners “may recover the restoration costs even if such costs exceed the diminution in value.”
In their opposition letter (pdf), thousands of homeowners, together with the City of San Diego and the County of San Diego, argued SDG&E’s depublication request was meritless because none of the depublication criteria were met.
Fire victims accused SDG&E of seeking “backdoor” appellate review when SDG&E had no right to do so. Homeowners noted SDG&E agreed to a $17 million fine to resolve charges SDG&E destroyed and concealed evidence from fire investigators. The October 2007 fires devastated San Diego families, resulting in death, people losing everything in the fires, and San Diego citizens living in sheds and horse trailers for months following the fires.
Doyle Lowther represents families whose homes and businesses were destroyed by SDG&E and Cox Communications during the October 2007 fires. If you have questions concerning the San Diego fire litigation, please contact us.