In a significant legal battle, Brian and Roohi Stack have filed an appeal against Southern California Edison Company, Universal Protection Service, LP, and The Boeing Company. The complaint was initially filed on May 11, 2022, in the Superior Court of Los Angeles County under case number 22STCV15763. The Stacks allege that these entities are responsible for the destruction of their home during the 2018 Woolsey wildfire.
The Stacks' lawsuit asserts that Southern California Edison failed to maintain its electrical facilities properly and did not perform adequate vegetation management or timely shut down the circuit that caused the fire. They also claim that Boeing and its contractor, Universal Protection Service, failed to provide sufficient fire protection and firefighting resources. According to the plaintiffs, these failures directly led to the fire spreading from Ventura County to Point Dume in Malibu, where their home was located.
On November 9, 2018, mandatory evacuation orders were issued due to the wildfire. The Stacks obeyed these orders but were unable to return to their property until November 14, when they discovered their home had been completely destroyed. They argue that under the discovery rule, their causes of action could not have accrued until they were able to return and assess the damage on November 14. Additionally, they contend that the statute of limitations should be tolled due to a pending class action related to the wildfire.
The trial court initially dismissed their claims as time-barred under a three-year statute of limitations for most causes of action and a two-year limit for claims under Public Utilities Code section 2106. However, upon appeal, it was determined that there was insufficient evidence to conclude as a matter of law that the Stacks should have suspected damage before being allowed back onto their property on November 14.
The appellate court reversed part of the trial court's decision while affirming others. Specifically, it ruled that most of the Stacks' claims were not time-barred because they could not have reasonably known about the damage until they returned home post-evacuation. However, it upheld that their claim under Public Utilities Code section 2106 was untimely regardless of tolling or discovery rules.
The plaintiffs seek various forms of relief including damages for negligence, inverse condemnation, trespass, nuisance, and violations under Health and Safety Code sections 13007 and 13008 along with Public Utilities Code section 2106. They aim for accountability from Southern California Edison for alleged mismanagement leading up to one of California’s most devastating wildfires.
Representing Brian and Roohi Stack are attorneys Brian R. Strange, John T. Ceglia, Brianna J. Strange from Strange & Butler LLP along with R. Martin Weber Jr., while Southern California Edison is represented by John C. Hueston from Hueston Hennigan LLP among others. Universal Protection Service's defense includes Mitchell C. Tilner from Horvitz & Levy LLP along with Daniel S. Hurwitz from Wilson Elser Moskowitz Edelman & Dicker LLP; Boeing is defended by Thomas A Manakides from Gibson Dunn & Crutcher LLP among others.
Judge William F Highberger presided over this case at Los Angeles County Superior Court before it moved up on appeal where Judges Bendix J., Rothschild P.J., and Weingart J reviewed it under Case ID B328041.