Environmental & Energy,
Class Action
Mar. 22, 2023
Edison’s Thomas Fire demurrers sustained, plaintiffs can amend
Edison demurred to the class action claims on the grounds that a utility cannot be held liable to third parties for purely economic loss resulting from a public disaster, according to a 2019 ruling in Southern California Gas Leak Cases. Highberger on Tuesday overruled the demurrer as to claims of inverse condemnation, private nuisance and trespass, while sustaining with leave to amend with regard to a negligence cause of action.
A Los Angeles judge sustained demurrers from Southern California Edison in coordinated proceedings arising from the 2017 Thomas Fire and ensuing debris flow, but gave an individual filer and a separate class of plaintiffs leave to amend to resolve issues of class representation and the statute of limitations.
Judge William F. Highberger addressed demurrers and motions to strike brought by Edison with regard to two individual claims, as wel...
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