First Lawsuit Filed on Behalf of California Mudslide Victims
The first lawsuit has been filed over California's deadly mudslides this month, naming as a defendant local utilities company Southern California Edison.
January 16, 2018 at 07:14 PM
4 minute read
![](https://images.law.com/contrib/content/uploads/sites/403/2018/01/Montecito-Mudslides-Article-201801172400.jpg)
The first lawsuit has been filed over California's deadly mudslides this month, naming as a defendant local utilities company Southern California Edison.
The suit, filed on Jan. 12 and amended on Tuesday to include the local water district as a defendant, was brought on behalf of three individuals and a boutique store alleging damages from the Jan. 9 mudslides, which killed at least 20 people and destroyed 65 homes in the Montecito area of Santa Barbara. Foley Bezek Behle & Curtis and Joseph Liebman, a real estate attorney, both in Santa Barbara, filed the suit along with Alex “Trey” Robertson of Robertson & Associates in Westlake Village, California. The complaint alleges negligence and public nuisance claims and seeks compensation for property damages and economic losses, plus an unspecified amount of punitive damages.
“The damages are going to be really catastrophic,” said Robertson, who has teamed with the same firms in half a dozen suits brought on behalf of about 100 victims of last month's wildfires in Southern California. “Because unlike in the wildfire cases, where you have a house that burned down, typically a homeowner's policy will cover the cost to rebuild it. For the mudflow, there's not going to be any coverage from homeowner's policies. Their properties are worth $10 million to $30 million or more, and they've been completely wiped out, and they have no insurance.”
The complaint alleges that the Montecito Water District Financing Corp. was negligent in failing to shut off its main lines, which ruptured, flooding the area.
As to Southern California Edison, much of the complaint mirrors earlier allegations that the region's utility was negligent in maintaining pole-mounted transformers in nearby Ventura County, where the Thomas Fire destroyed more than 1,000 structures last month. The Thomas Fire, among the worst in California history, left much of the hillside above Montecito devoid of vegetation and susceptible to mudslides in the event of rain, the complaint says.
Calls to the water district were not returned.
Southern California Edison spokesman Steve Conroy wrote in an emailed statement: “Our current focus right now is on supporting first responders. Immediately following that effort, our crews will attempt to safely expedite restoration of power to customers in that area due to damaged equipment. In regards to the potential causes of the Thomas Fire, we understand that Cal Fire's investigation is ongoing, and it would be premature for SCE to speculate about potential litigation associated with the recent mudslides.”
A California Department of Forestry and Fire Protection spokesman said the Ventura County Fire Department, not the state, was investigating the cause of the Thomas Fire. A call to the Ventura County Fire Department was not returned.
Utilities have been named as causes of past wildfires in California. In 2013, Southern California Edison paid a $37 million fine to the California Public Utilities Commission over three utility poles that caused a 2007 wildfire in Malibu.
But representing California wildfire victims is becoming a growing mass tort for the plaintiffs bar. In October, a group of five law firms, including Cotchett, Pitre & McCarthy and Morgan & Morgan, launched FireLawsuit.com, an online resource for victims of the Northern California fires, which killed 42 people. Gerald Singleton, of Singleton Law Firm in Solana Beach, California, also partnered with Dallas-based Baron & Budd, San Diego firms Dixon Diab & Chambers and Thorsnes Bartolotta McGuire, and his father, Terry Singleton, a solo practitioner in San Diego, to create a team that goes by the name “California Fire Lawyers.”
That team has so far filed lawsuits on behalf of 700 victims of the Northern California fires against Pacific Gas & Electric and, with the addition of Myers, Widders, Gibson, Jones & Feingold in Ventura, California, 50 victims of last month's fires in Southern California.
Singleton said he planned to file lawsuits in the coming weeks on behalf of mudslide victims.
“One of our employees was a victim,” he said. “Her car was swept way, all the way into the ocean, and her house is under about a foot of mud.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All![Snap Paid $63M in Fees to 2 Am Law 200 Firms in '24 Snap Paid $63M in Fees to 2 Am Law 200 Firms in '24](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/corpcounsel/contrib/content/uploads/sites/404/2023/01/Snapchat-App-004-767x633.jpg)
![Lawyers Across Political Spectrum Launch Public Interest Team to Litigate Against Antisemitism Lawyers Across Political Spectrum Launch Public Interest Team to Litigate Against Antisemitism](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/11/67/f75a9f5d46b08088f1ca60a48425/karp-clement-barr-767x633.jpg)
Lawyers Across Political Spectrum Launch Public Interest Team to Litigate Against Antisemitism
4 minute read![Jones Day Names New Practice Leaders for Antitrust, Business and Tort Litigation and Latin America Jones Day Names New Practice Leaders for Antitrust, Business and Tort Litigation and Latin America](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/americanlawyer/contrib/content/uploads/sites/402/2024/03/Jones-Day-sign-01-767x633.jpg)
Jones Day Names New Practice Leaders for Antitrust, Business and Tort Litigation and Latin America
![Supreme Court Denies Trump's Request to Pause Pending Environmental Cases Supreme Court Denies Trump's Request to Pause Pending Environmental Cases](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/2a/2d/356939604e27ad9d90545f809f83/sarah-harris.jpg)
Supreme Court Denies Trump's Request to Pause Pending Environmental Cases
Trending Stories
- 1Exceptional Growth Becoming the Rule? Demand and Rate Hikes Drove Strong Year for Big Law
- 2Dentons Taps D.C. Capital Markets Attorney for New US Managing Partner
- 3Auto Dealers Ask Court to Pump the Brakes on Scout Motors’ Florida Sales
- 4German Court Orders X to Release Data Amid Election Interference Concerns
- 5Litigation Trends to Watch From Law.com Radar: Suits Strike at DEI Policies, 'Meme Coins' and Infractions in Cannabis Labeling
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250