The first set of lawsuits blaming Southern California Edison for the Eaton fire will go to trial in early 2027, setting the stage for a legal showdown over financial liability that could wipe out California’s wildfire fund.
Hundreds of victims suing Edison claim electrical equipment triggered the fire that leveled much of Altadena, destroying more than 9,000 structures and killing 19 people. Most of the lawsuits are being handled together under the title “Jeremy Gursey v. Southern California Edison.”
Los Angeles Superior Court Judge Laura Seigle on Tuesday, Aug. 19, set the trial for 50 “bellwether” plaintiffs for Jan. 25, 2027, about two years after the monstrous blaze. Bellwether trials in a mass tort are conducted to gauge the potential liability as well as damages for the rest of the cases.
Attorneys for the plaintiffs applauded Seigle’s decision, saying the trial date would be the catalyst for settlement talks. They said wildfire cases rarely go to trial.
“If history is any indication, the trial date will push Edison to come to the table,” said Michael Artinian, one of the lawyers suing SCE.
The alternative is that SCE would have to “go into a courtroom and explain their actions and inactions,” said Doug Boxer, another attorney for the plaintiffs. “We’re going to show the world what happened that day.”
SCE spokesman David Eisenhauer said the utility “acknowledges the court’s decision and will adhere to the timeline to the extent we are able.”
If SCE is found liable for damages, it would qualify for help from the $21 billion California Wildfire Fund, established in 2019 to protect Edison and two other investor-funded utilities from bankruptcy. However, administrators of the fund are concerned that damages from the Eaton fire could deplete the entire pool.
In court documents, lawyers for the victims argued for a trial date of June 15, 2026, saying their investigation of the January fire has proceeded quickly and that any delay in trial would be unfair to some victims who are older and ill. Some of those victims could now be chosen for the bellwether trial.
Inspectors for the victims have had access to most of the physical evidence from the blaze for months and expect to conclude their examination by Nov. 1, plaintiffs said in a joint case management statement to the court.
Once the state and Los Angeles county joint investigation is completed into the cause of the fire, plaintiffs’ lawyers said it would take only two months to obtain the depositions of the investigators and other experts.
Judge Seigle, in an earlier hearing, suggested a trial date in October 2026 but settled on the January 2027 date as a compromise.
Attorneys for Southern California Edison argued in court documents that any trial date sooner than August 2027 would be unworkable. SCE cited the complexity of the case, the required discovery and the pretrial steps.
“Once the investigation report is issued, additional discovery will be unavoidable, including depositions of investigators, subpoenas for emergency responders, and testimony from other witnesses identified for the first time in the report,” SCE said in court documents. “Even if the report issues in mid-2026, it will be impossible to complete this discovery … in the few months before an October trial.”
SCE attorneys predicted that expert testimony in the case likely would be “massive,” spanning the fire’s cause and origin, meteorology, electrical engineering, vegetation management and evacuation procedures.
“Expert discovery typically spans months and will likely need to be revisited after the investigation report is issued, as new facts shape opinions,” SCE said.
In a related matter, plaintiffs’ attorneys argued in court documents that any cross-complaints filed by SCE should be handled separately from the main case. SCE has notified nine public agencies that it may sue them for their alleged share of liability in the fire damages.
SCE attorneys, in an earlier hearing, said they are looking at other agencies with respect to “the spread, the size and the lack of response to the Eaton fire.”
SCE officials have said their internal investigation has focused on the theory that a long-dormant electrical tower somehow became reenergized and ignited nearby brush.
While not admitting liability, SCE has announced a wildfire recovery compensation program this fall for victims impacted by the blaze. In exchange, victims who sign on would have to forfeit any legal action.
Details about the total amount of money available in the program and how much each individual would receive will be announced later.
Lawyers for the fire victims are dubious of the compensation program, describing it as an attempt to lure plaintiffs away from the litigation with the promise of “quick cash,” though at a reduced amount.