Von Oeyen v. Southern California Edison Co.

In a lawsuit seeking damages and other relief in connection with the Woolsey Fire, Malibu residents mentioned climate risk as one known factor of which the defendants—the utility Southern California Edison Company, its parent company, and the Boeing Company (Boeing)—were aware and to which the defendants failed to respond in their maintenance and operation of their equipment and property. The Woolsey Fire was ignited in November 2018 in the area of the Santa Susana Field Laboratory site owned by Boeing, which the plaintiffs alleged was a former rocket engine test and nuclear research facility and “currently the focus of a comprehensive environmental investigation and cleanup program.” The plaintiffs asserted that the utility defendants had a non-delegable duty to safely maintain their electrical equipment, and that Boeing had a non-delegable duty to keep its property reasonably safe, and that all defendants were aware of the high risk of wildfire and knew that their equipment or property was not properly maintained or safe. The complaint asserted claims of negligence, inverse condemnation, public nuisance, private nuisance, trespass, premises liability, and violations of the California Public Utilities Code and Health and Safety Code.