A status conference has been set for July 21 in preparation for a trial next February in a lawsuit by fire victims against Southern California Edison and numerous telecommunications companies.
By Knowles Adkisson / The Malibu Times
The legal fallout from the October 2007 Malibu Canyon Fire continued last Thursday at the Downtown Los Angeles Superior Courthouse, when Superior Court Judge Gregory Alarcon set a status conference for July 21 in which the parties will discuss how the case will be tried next February.
The Oct. 21, 2007 fire, according to reports by the Los Angeles County Fire Department and field investigations by California Public Utilities Commission staff, was started when three top-heavy, electric wire utility poles that allegedly exceeded weight restrictions snapped during heavy winds.
In what is called a consolidated case, dozens of law firms are suing on behalf of a number of different individuals, businesses and insurance companies. The various litigants seek damages for the fire from Southern California Edison and a number of telecommunications companies for overloading the utility poles.
The California Department of Forestry and Fire Protection has filed for fire suppression costs, insurance companies have filed for what they paid to policyholders, and individuals and businesses have filed for nonreimbursed costs from their insurance companies. A trial is set for Feb. 28, 2012.
The Malibu Canyon Fire burned almost 4,000 acres in the Malibu area, destroyed 14 structures and 36 vehicles, and damaged 19 other structures, including Castle Kashan, owned by philanthropist Lilly Lawrence, Malibu Presbyterian Church and several businesses and classrooms at two schools. Central Malibu was evacuated for three days and three firefighters were injured. The property damage is estimated at $14.5 million, according to a report by the California Public Utilities Commission.
Meanwhile, Southern California Edison, Verizon Wireless LLC, Sprint Communications Company, NextG Networks of California and AT&T Communications of California, Inc. remain under scrutiny by the PUC for allegedly violating regulations on how much equipment could be safely installed on their jointly owned wooden utility poles prior to the Malibu Canyon Fire. The PUC investigation is scheduled to conclude in January.
Malibu resident Ed Meyer, whose house was damaged in the 2007 fire, said the problem of overloaded utility poles is not going away. Meyer said nothing has been done to alleviate the weight on the poles, which, he said, are still overloaded with fiber optic cables and cellular antennae, among other materials.
“Oh, next time we have 100 mile-per-hour winds and it’s dry [the problem is] coming back,” Meyer said. “Those lines have tightened up again… you’re running high tension cables through dry brush.”
Meyer is involved in the litigation through his insurance company. He said his property sustained $100,000 in damage from the fire, but he received only $50,000 from insurance.
“Malibu is a very progressive town,” Meyer told The Malibu Times last year. “You’ve got people with huge Internet connections because of entertainment. The amount of cable connections is going to increase exponentially. Something has to be done because these poles can’t take this kind of load.”
One option is to put the cables underground, but that has not happened because the procedure is estimated to cost $1 million per mile.
A source close to the legal proceedings said there is a “pitched battle” going on between Southern California Edison and the telecommunications companies against the PUC in its investigation to determine culpability for the fire. The source said the PUC is conducting depositions and filing briefs in preparation for a hearing.
When asked if the victims of the fire would receive fair compensation for the damage in the upcoming trial, the source expressed cautious optimism.
“I think yes. Dealing with Edison is never easy, but I certainly feel that in the end, the facts dictate it, compel it.”