In a major win for Hueston Hennigan client Southern California Edison Company, Los Angeles County Superior Court Judge Elaine Lu denied class certification in connection with the Thomas Fire.
One of the largest wildfires in California, the Thomas Fire burned over 280,000 acres across Santa Barbara and Ventura counties in December 2017 and January 2018, destroying more than 1,000 structures and damaging over 250 structures.
The initial class complaint was filed in 2018. Since then, the plaintiffs repeatedly narrowed their proposed class definition, including because Hueston Hennigan filed a successful demurrer attacking their proposed class definition. In December 2023, the plaintiffs moved to certify a class of individuals seeking loss-of-use damages in connection with soot and ash on their properties. The plaintiffs’ proposed class sought to include more than 100,000 properties in Ventura and Santa Barbara counties.
In a 99-page decision issued on Nov. 21, the court granted Hueston Hennigan’s motions to exclude the plaintiffs’ two key experts and denied class certification. The court emphasized that even if it had not excluded these experts, it nonetheless would have denied certification because the class certification factors favor SCE. The court’s ruling sets an important precedent in California wildfire cases.
Hueston Hennigan has obtained a series of highly successful results for SCE and Edison International in connection with Thomas Fire proceedings. Edison International has been dismissed from all cases, and the firm has resolved over 99% of individual plaintiff claims against SCE through an innovative resolution protocol.
The team includes Douglas Dixon, Andrew Walsh, Craig Fligor, Spencer Schmider, Melanie Hess and Collin Yeung.