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Loss of use, income, wages, earning capacity, goodwill, profits or proceeds, 

increased operating expenses, and/or all other detriment proximately caused by the 

harm to Plaintiffs' business property or concerns; · 

Lost wages and/or earning capacity; 

Additional living expenses, and/or other related displacement expenses; 

Past and future medical expenses and incidental expenses; 

General damages for fear, worry, annoyance, disturbance, inconvenience, mental 

anguish, emotional distress, loss of the use, benefit, goodwill, and quiet enjoyment of 

property, and personal injury; 

An order enjoining continued violation of: (a) Public Resources Code §§ 4292, 

4293, and 4295; (b) Public Utilities Code§ 451; (c) Public Utilities Commission 

General Order 95, Rules 31.1-31.5, 35, 38, 43, 43.2, 44.1-44.4, 48-41.1; and (d) · Public Utilities Commission General Order 165; 

An order to abate the existing and continuing nuisances caused by the California 

North Bay Fires; 

Treble damages for wrongful injuries to timber, trees, or underwood as allowed 

under Civil Code § 3346; 

Treble damages for injuries to trees as allowed under Code of Civil Procedure § 

733; 

Exemplary damages as allowed under Civil Code § 3294; 

Exemplary damages for wrongful injuries to animals as allowed under Civil Coqe § 

3340; 

Exemplary damages as allowed under Public Utilities Code § 2106; 

Attorneys' fees, expert fees, consultant fees, and litigation costs and expenses as 

allowed under Code of Civil Procedure§ 1021.9; 

All costs of suit; 

Prejudgment interest; and 

For such other and further relief as the Court shall deem just and proper. 

ADDITIONAL ALLEGATIONS, IF ANY 

(Plaintiff-Specific, not Addressed by Master Complaint) 

NOTICE OF ADOPTION OF THE MASTER COMPLAINT; Case No.: CGC-17-562458 Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 1

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DEMAND FOR JURY TRIAL 

PLAINTIFF(S) hereby demand(s) a trial by jury as to all claims in this action. 

DATED:/?:,~\\ Z0 ,2018 

By 

NK . PITRE 

ALISON E. CORDOVA 

Attorneys for Plaintiffs 

STEVEN M. CAMPORA 

DREY BABICH BUCCOLA WOOD 

CAMPORA, LLP 

20 Bicentennial Circle 

Sacramento, CA 95826 

BRIAN J. P ANISH 

P ANISH SHEA & BOYLE, LLP 

11111 Santa Monica Blvd., Suite 700 

Los Angeles, CA 90025 

MICHAEL A. KELLY 

WALKUP MELODIA KELLY & 

SCHOENBERGER 

650 California Street 

San Francisco, CA 94108 

MICHAEL D. GREEN 

ABBEY, WEITZENBERG, WARREN & 

EMERY,PC 

100 Stony Point Road, Suite 200 

Santa Rosa, CA 9540 I 

NOTICE OF ADOPTION OF THE MASTER COMPLAINT; Case No.: CGC-17-562458 Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 2

of 54
1 BRENDAN M. KUNKLE (SBN 173292) 

bkunkle@abbeyJaw.com 2 MICHAEL D. GREEN (SBN 214142) 

3 mgreen@abbeylaw.com 

SCOTI R. MONTGOMERY (SBN 278060) 

4 smontgomery@abbeylaw.com 

ENOOASEO 

F I L E D ·orcourt 

san Fr~ncfsco county Supen 

!\PR 2 6 'l.O\i 

5 ABBEY, WEITZENBERG, WARREN & EMERY, PC 

I 00 Stony Point Rd, Suite 200 

CLERK Of ·rt-iE COURT 

KAI.ENE APOLO~ 

aY:---·-oopu\yC\e11t 

Santa Rosa, CA 95401 6 Telephone: (707) 542-5050 Fax: (707) 542-2589 

7 Attorneys for Plaintiff(s) 

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13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 

14 

1S 

16 

COUNTY OF SAN FRANCISCO . .,, ·\1 I~ ,-"}) 

COORDINATION PROCEEDING 

17 Special Title (California Rule of Court 3.550) 

18 

19 CALIFORNIA NORTH BAY FIRES 

20 KATHY GROPPE, KEN KIRVEN, BRIAN 

21 KIRVEN, ESTATE OF MONTE KIRVEN, 

22 

Plaintiff/s 

v. 

23 PACIFIC GAS AND ELECTRIC COMPANY, 

PG&E CORPORATION, AND DOES 1 

24 THROUGH 20, 

2S 

26 

27 

28 

Defendants. 

CGC·-118-S66 :t!ut) 

JCCP49SS 

INDIVIDUAL PLAINTIFF'S SHORT 

FORM COMPLAINT 

TUBBS-A WWE-002 

JCCP4955 

SHORT FORM COMPLAINT OF KATHY GROPPE, K.BN KIRVEN, BRIAN KIRVEN, ESTATE OF KIRVEN 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 3

of 54
1 Pursuant to Case Management Order No. 1, Plaintiff(s) hereby submit(s) this Short Form 

2 Complaint ("SFC") against Defendants identified below, and hereby adopt(s) and incorporate(s) 

3 by reference as set forth in Plaintiffs' most recent Master Complaint filed in this matter on March 

4 12, 2018, and any and all later amendments thereto. 

5 PLAINTIFF KA THY GROPPE, an individual and personal representative of the Estate of 

6 Monte Kirven was damaged by the North Bay Fires as set forth below and makes the claims set 

7 forth below. 

8 PLAINTIFF KEN KIRVEN, an individual, was damaged by the North Bay Fires as set 

9 forth below and makes the claims set forth below. 

10 PLAINTIFF BRIAN KIRVEN, an individual, was damaged by the North Bay Fires as set 

11 forth below and makes the claims set forth below. 

12 PLAINTIFF ESTATE OF MONTE KIRVEN, was damaged by the North Bay Fires as set 

13 forth below and makes the claims set forth below. 

14 WRONGFUL DEA TH CLAIM: Decedent Monte Kirven sustained fatal injuries as a 

15 result of the NORTH BAY FIRES and died on October 12, 2017. The following plaintiffs are the 

16 heirs of Decedent, or other persons entitled to bring an action for the wrongful death of Decedent, 

17 and bring the applicable causes of action alleged in the SFC, pursuant to section 377.60 of the 

18 California Code of Civil Procedure: Kathy Groppe, Ken Kirven and Brian Kirven. 

19 PLAINTIFFS COMPLAIN OF EACH DEFENDANT AS FOLLOWS: 

20 1. Notice of Adoption of the Master Complaint Plaintiff(s) refer(s) to and 

21 incorporate(s) herein by reference that Master Complaint filed on behalf of Individual Plaintiffs in 

22 the CALIFORNIA NORTH BAY FIRE CASES, Judicial Council Coordinated Proceeding No. 

23 4955, as though fully set forth herein. Plaintiff(s) hereby adopt(s) the Master Complaint and 

24 agree(s) to be bound by any rulings with respect to the pleadings. 

25 

26 

2. 

3. 

Plaintiff(s) adopt(s) each of the general allegations of the Master Complaint. 

Plaintiff(s) incorporate(s) by reference each of the causes of action in the Master 

27 Complaint checked below against those Defendants named in that cause of action: 

28 

- l - JCCP 4955 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 4 SHORT FORM COMPLAINT OF KATHY dROPPS. KEN KIRVEN. BRIAN KIRVEN, ESTATE OF KIRVEN 

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181 First Cause of Action for Negligence 

181 Second Cause of Action for \3/ro~gful Death 

181 Third Cause of Action for Survival Action 

181 Fourth Cause of Action for Inverse Condemnation 

181 Fifth Cause of Action for Public Nuisance 

181 Sixth Cause of Action for Private Nuisance 

181 Seventh Cause of Action for Premises Liability 

181 Eighth Cause of Action for Trespass 

181 Ninth Cause of Action for Private Action Under Public Utilities Code§ 2106 

181 Tenth Cause of Action for Violation of Health & Safety Code§ 13007 

181 Eleventh Cause of Action for Negligent Infliction of Emotional Distress 

4. Plaintiffts) respectfully reserve(s) the right to seek transfer or remand of the trial of 

13 this action to the County of Sonoma, Napa, or another appropriate venue. 

14 

15 

ADDRESSES OF ALL AFFECTED PROPERTIES 

Plaintiff(s) allege(s) the following properties have been impacted by the CALIFORNIA 

16 NORTH BAY FIRES for which Plaintiff(s) seeks recovery: 537S Linda Lane, Santa Rosa, 

17 California 95404, Sonoma County 

18 SPECIFY WHETHER PLAINTIFF(S) ARE: 

19 181 Insured by Farmers Insurance·. 

20 D Uninsured 

21 181 Owner of real property 

22 D Renter of real property 

23 D Business owner 

24 D Employee 

D Other [Please indicate l . . 25 

26 CALIFORNIA NORTH BAY FIRE THAT IMP ACTED PLAINTIFF(S): 

27 D Atlas Fire (Master Complaint ,n[ 80-86) 

28 

- 2 - JCCP 49S5 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 5 SHORT FORM COMPLAINT OF KATHY OROPPE, KEN KIRVEN, BRIAN KIRVEN, ESTATE OF KIRVEN 

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1 D Cascade/LaPorte Fire (Master Complaint ffiJ 87-91) 

2 D Cherokee Fire (Master Complaint ,i,r 92-93) 

3 D Honey Fire {Master Complaint fl 94-95) 

4 D Lobo Fire (Master Complaint 11 96-97) 

s D Maacama or No Name Fire (Master Complaint ,i,r 98-99) 

6 D Mccourtney Fire {Master Complaint 't!1 100-101) 

7 D Nuns Fire (Master Complaint ,i,r 102-109) 

8 D Pocket Fire {Master Complaint 't!'t! 110-111) 

9 D Point Fire (Master Complaint ,i,r 112-113) 

10 D Redwood Valley/ Potter Fires (Master Complaint ,r,t 114-116) 

11 D Sullivan Fire (Master Complaint ,n/ 117-119) 

12 D Sulphur Fire (Master Complaint ,i,r 120-122) 

13 181 Tubbs Fire (Master Complaint ,r,r 123-127) 

14 D Highway 37 Fire (Master Complaint 11'il 128-129) 

15 D Other Ignition Point [Describe in Additional Allegations Section below, p. 7) 

16 

17 PLAINTIFFS SUFFERED DAMAGE IN THE FOLLOWING WAY: 

18 181 Wrongful death and survival 

19 181 Personal injury 

20 181 Emotional distress (including but not limited to presence in zone of danger) and/or 

bystander claims) 

21 Mental anguish (including but not limited to loss of use and enjoyment of property 181 

22 W1der nuisance) 

23 181 Residence destroyed 

24 181 Residence damaged 

25 181 Other structures destroyed 

26 181 Other structures damaged 

27 181 Real property improvements (fences, roads, well, septic system, etc.) destroyed 

28 

• 3 - JCCP 4955 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 6 SHORT FORM COMPLAINT OF KATHY OROPPE, KEN KIRVEN, BRIAN KIRVEN, BSTATE OF KIRVEN 

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IX! 

IX! 

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Real property improvements (fences, roads, well, septic system, etc.) damaged 

Personal property damage 

Damage to trees 

Diminution in value of real property 

Damage to crops 

Damage to business equipment 

Damage to business goodwill or brand 

Loss of use of business property 

Loss of future profits 

Loss or reduction of future insurance benefits due to lower crop yield in 2017 

Harm to pets or livestock 

Employment-related damages 

DAMAGES ALLEGED: 

AS AGAINST ALL DEFENDANTS for Inverse Condemnation, all according to proof, 

for: 

IX! 

Diminution in real property and/or personal property value, cost of repairs, loss of 

use of the property, loss of rent, loss of profits, loss of prospective profits, increased 

operating expenses, and/or all other detriment proximately caused by the harm to 

Plaintiffs' property; 

All costs of suit, including reasonable attorneys' fees, appraisal fees, engineering 

fees, other expert fees, and related costs; 

Prejudgment interest; 

For such other and further relief as the Court shall deem just and proper. 

AS AGAINST ALL DEFENDANTS for Wrongful Death and Survival Action, all 

according to proof, for: 

IX! 

IX! 

IX! 

Loss of love, society, solace, companionship, comfort, care, assistance, protection, 

affection, and moral support from Decedent/s; 

Funeral and burial expenses, and related medical expenses; 

Economic loss, including but not limited to the loss of financial support and/or the 

loss of household services; 

Recovery ofDecedent/s' damages as allowed under Code of Civil Procedure§ 

377.30 under the causes of action alleged in the Master Complaint for, inter alia, 

- 4 - JCCP 49S5 

sRok.t FORM CbMPLAINT OF KATHY GROPPE. KEN KIRVEN, BRIAN ku(VBN, ESTATE OF KIRVEN Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 7

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inverse condemnation, negligen~, nuisance, premises liability, trespass, and 

violations of statutes and reg1,llations; 

Expenses for the identification and/or removal of Decedent/s' remains and other 

medical and/or emergency services; 

Punitive and exemplary damages as allowed under Civil Code § 3294; 

All costs of suit; 

Prejudgment interest; and 

For such other and further relief as the Court shall deem just and proper. 

AS AGAINST ALL DEFENDANTS f~r Negligence, Public Nuisance, Private Nuisance, 

Premises Liability, Trespass, Private Action Under Public Utilities Code § 2106, and 

Violation of Health & Safety Cod~.§ 1_3007, all according to proof, for: 

~ 

~ 

Repair, diminution in value, and/or replacement of damaged, destroyed, and/or lost 

personal and/or real property; . . 

Loss of use, income, wages, earning caf a city, goodwill, profits or proceeds, 

increased operating expenses, and/or al other detriment proximately caused by the 

hann to Plaintiffs' busin~ss pr~perty or concerns; 

Lost wages and/or earni1'S capacity; . . .. ' . ' 

Additional living expen.so_s; and/or other related displacement expenses; . :; ,, . 

Past and future mediceJ.. expe~es and incidental expenses; 

General damages for fear, _worry, annoyance, disturbance, inconvenience, mental 

anguish, emotional di$"ess,-loss of the use, benefit, goodwill, and quiet enjoyment of 

property, and personal injury; : 

An order enjoining c.o.ntin.ued '!iolation of: (a) Public Resources Code §§ 4292, 

4293, and 4295; (b) Puoli~ l)tilities Code§ 451; (c) Public Utilities Commission 

General Order 95, Rules 31.1-31.5, 35, 38, 43, 43.2, 44.1-44.4, 48-41.1; and (d) 

Public Utilities Commission.G~neral Order 165; ..... ·:·. ; 

An order to abate the ~xil!.~ng ~nd . .continuing nuisances caused by the California 

North Bay Fires; ··· ·· . : · · 

Treble damages for '\\TOngfiif injuries to timber, trees, or underwood as allowed 

under Civil Code § 334~; . . . 

Treble damages for iii)iuies to ·trees as allowed under Code of Civil Procedure § 733; •. 

Exemplary damages ~ ~J~,v~· under Civil Code § 3294; 

Exemplary damages for wrongful injuries to animals as allowed under Civil Code § 3340; ••'• .. 

': ' .. , .. : . Exemplary damages as" al)oweif under Public Utilities Code § 2106; 

- 5 - JCCP 49S5 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 8 SHORT FORM COMPLAINT OF ~f.RY OROPPE, KEN klRVBN, BRIAN KIRVEN, ESTATE OF KIRVEN 

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,,.,.. 

I&! Attorneys• fees, expert fees, consultant fees, and litigation costs and expenses as 

allowed under Code of Civil ·Procedure § 1021.9; 

~ All costs of suit; 

I&! Prejudgment interest; and 

I&! For such other and further relief as the Court shall deem just and proper. 

ADDITIONAL ALLEGATIONS, IF ANY 

(Plaintiff-Specific, not Addressed by Master Complaint) 

DEMAND FOR JURY TRIAL 

PLAINTIFF(S) hereby demand(s) a trial by jury as to all claims in this action. 

DATED: April 24, 2018 ABBEY, WEITZENBERG, WARREN & EMERY PC 

By -;l~ 

MICHAEL D. GREEN 

BRENDAN M. KUNKLE 

SCOTT R. MONTGOMERY 

Attorneys for Plaintiffs 

-6- JCCP495 s 

SHORT FORM COMPLAINT OF kA'rHY GROPPE, KEN KIRVEN, BRIAN KIRVEN, ESTATE OF KIRVEN Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 9

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SUMMONS 

(C/TACION JUDICIAL) 

NOTICE TO DEFENDANT: PACIFIC GAS AND ELECTRIC COMPANY. 

(A VISO AL DEMANDADO): PG&E CORPORATION, A ND DOES I 

THROUGH 20, inclusive 

YOU ARE BEING SUED BY PLAINTIFF: ARMANDO A. BERRIZ. an 

(LO ESTA DEMANDANDO EL DEMANDANTE): individual; ARMANDO .I. 

BERRIZ, an individual; CARMEN T. MEISSNER, an individual; MONICA 

BERRIZ, an individual; and THE ESTATE OF CARMEN CALDENTEY 

Additional Parties Attachment form is uttached. 

FOR COURT USE ONLY 

(SOLO PARA USO OE LA CORTE) 

SUM-100 

NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information 

below. 

You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy 

served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your 

case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts 

Online Self-Help Center (www.courtinfo.ca.gov/se/fhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask 

the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property 

may be taken without further warning from the court. 

There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney 

referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate 

these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifomia.org), the California Courts Online Self-Help Center 

(www.courtinfo.ca.gov/selfl1e/p), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and 

costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. 

/AV/SO! Lohan demandado. Si no responde dentro de 30 d[as, la co rte puede decidir en su contra sin escuchar su versi6n. Lea la informaci6n a 

continuaci6n. 

Tiene 30 DIAS DE CALENDARIO despues de que le entreguen est a citac/6n y papeles legal es para presentar una respuesta par escrito en esfa 

corte y hacer que se entregue una copia al demandante. Una cart a o una llamada le/ef6nica no lo protegen. Su respuesta por escn'to tiene que estar 

en formato legal co"ecto si desea que procesen su caso en la carte. Es posib/e que haya un formulario que usfed pueda usar para su respuesta. 

Puede encontrar estos formularios de la corte y mas informaci6n en el Centro de Ayuda de las Cortes de California (WWW.sucorte.ca.gov), en la 

biblioteca de /eyes de su condado o en la corte que le quede mas cerca. Si no puede pagar la cuota de presentaci6n, pida al secret aria de la co rte 

que le de un fonnulario de exenci6n de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le 

podra quitar su sue/do. dinero y bienes sin mas advertencia. 

Hay otros requisitos legates. Es recomendable que /lame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de 

remisi6n a abogados. Si no puede pagar a un abogado, es posib/e que cumpla con las requisitos para obtener serviclos legates gratultos de un 

programa de serviclos legates sin fines de /ucro. Pue de encontrar estos grupos sin fines de /ucro en el sitio web de California Legal Services. 

(www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniendose en contacto con la carte o el 

colegio de abogados locales. AV/SO: Par fey, la corte tiene derecho a rec/a mar las cuotas y /os costos exentos por imponer un gravamen sabre 

cua/quier recuperac/6n de $10,000 6 mas de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derec/10 civil. Tiene que 

pa gar el gravamen de la corte antes de que la carte pueda desechar el caso. 

The name and address of the court is: 

(El nombre y direcci6n de la corte es): 

Superior Courl ol"California, County of San Francisco 

400 McAllister Street 

San Francisco. California 94 I 02 

CASE NUMBER 

(Nun>&o del Caso} 

The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: 

(El nombre, la direcci6n y el numero de telefono def abogado def demandante, o def demandante que no tiene abogado, es): 

Rahul Ravipudi, Esq. (SBN 204519) PANISI-1 SHEA & BOYLE LLP 

1111 I Santa Monica Blvd., Suite 700. LOS ANGELES, CA 90025 

DATE: 

(Fecha) MAY O 9 2018 CLERK OF T~~~J3H 

(For proof of setvice of this summons, use Proof of Service of Summons (form POS-010).) 

310-477-1700 

KALENE APOLUl'llu · Deputy 

(Adjunto) 

(Para prueba de entreaa de esta citation use el formulario Proof of Service of Summons,.(POS-010)). 

ISEAt,; 

Form Adopted for Mandatory Use 

Judicial Council of Cahfornia 

SUM,100 (Rev. July 1, 2009) 

NOTICE TO THE PERSON SERVED: You are served 

1. D as an individual defendant. 

2. D as the person sued under the fictitious name of (specify): 

3. D on behalf of (specify): 

under: D CCP 416.10 ( corporation) 

D CCP 416.20 (defunct corporation) 

D CCP 416.40 (association or partnership) 

D other (specify): 

4. D by personal delivery on (date): 

SUMMONS 

D 

D 

D 

CCP 416.60 (minor) 

CCP 416.70 (conservatee) 

CCP 416.90 (authorized person) 

Pa e 1 of 1 

Code of Civil Procedure§§ 412 20,465 

www.couffinfoca gov 

W1!,;,llaw Doc. & FQfm Builder Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 10

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SHORT TITLE: Bcrriz, ct al. v. Pacilic Gas and Electric Company, et al. 18-5664 

INSTRUCTIONS FOR USE 

~ This form may be used as an attachment to any summons if space does not permit the listing of all parties on the summons. 

-~ If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons: "Additional Parties 

Attachment form is attached." 

List additional parties (Check only one box. Use a separate page for each type of party.): 

[X] Plaintiff D Defendant D Cross-Complainant Cross-Defendant 

BERRIZ, by and through its Successor-in-Interest, ARMANDO A. BERRIZ, 

Form Adopted for Mandatory Use 

Judicial Council or California 

SUM-200(A) (Rev. January 1. 2007] 

ADDITIONAL PARTIES ATTACHMENT 

Attachment to Summons 

Page _I_ of _I_ 

Page 1 of 1 

Yk:st~w Doc: & Form Bufld.r 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 11

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PANISH SHEA & BOYLE LLP 

BRIAN P ANISH, State Bar No. 116060 

2 RAHUL RA VIPUDI, State Bar No. 204519 

LYSSA A. ROBERTS, State Bar No. 235049 

3 11111 Santa Monica Boulevard, Suite 700 

Los Angeles, California 90025 

Telel?hone: 310.477.1700 4 Facsnnile: 310.477.1699 

5 COTCHETT, PITRE & McCARTHY, LLP 

FRANK M. PITRE, State Bar No. 100077 

6 840 Malcolm Road, Suite 200 

Burlingame, California 94010 

7 Telel?hone: 650.697.6000 

Facsnnile: 650.697.0577 

8 WALKUP, MELODIA,KELLY & SCHOENBERGER 

MICHAEL A. KELLY, State Bar No. 71460 9 KHALDOUN A. BAGHDAD!, State Bar No. 190111 

10 650 California Street, 26th Floor 

San Francisco, California 94108 

Telel?hone: 415.981.7210 

11 Facsnnile: 415.391.6965 

12 Attorneys for Plaintiffs 

ENDORSED 

Fr l ED 

San FrBncisco County Superior Court 

MAY O 9 2018 

CLERK OF THE COURT 

BY: KALENE APOLONIO 

Deputy Clerk 

13 

14 SUPERIOR COURT OF THE ST A TE OF CALIFORNIA 

COUNTY OF SAN FRANCISCO 

16 

17 COO RD INA TION PROCEEDING 

Special Title (California Rule of Court 3.550) 18 

ARMANDO A. BERRIZ, an individual; 

19 ARMANDO J. BERRIZ, an individual; 

CARMEN T. MEISSNER, an individual; 

20 MONICA BERRIZ, an individual; and THE 

ESTATE OF CARMEN CALDENTEY 

21 BERRIZ, by and through its Successor-inInterest, ARMANDO A. BERRIZ, 22 

23 

24 

Plaintiffs, 

V, 

PACIFIC GAS AND ELECTRIC 

25 COMPANY, PG&E CORPORATION, AND 

DOES 1 THROUGH 20, inclusive 

26 

27 

28 

Defendants. 

CGC -18 - 5 6 6 4 2 8 

JCCP 4955 

SHORT FORM COMPLAINT 

TUBBS-PSB-0001 

JCCP4955 

SHORT FORM COMPLAINT 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 12

of 54
1 Pursuant to Case Management Order No. 1 Plaintiffs hereby submit this Short Form Complaint 

2 ("SFC") against Defendants identified below, and hereby adopt and incorporate by reference as set 

3 forth in Plaintiffs' most recent Master Complaint filed in this matter on March 12, 2018, and any and 

4 all later amendments thereto. 

5 PLAINTIFF ARMANDO A. BERRIZ, an individual and Successor-in-Interest of THE 

6 ESTATE OF CALDENTEY BERRIZ was damaged by the North Bay Fires as set forth below and 

7 makes the claims set forth below. 

8 PLAINTIFF ARAMANDO J. BERRIZ, an individual, was damaged by the North Bay Fires as 

9 set forth below and makes the claims set forth below. 

10 PLAINTIFF CARMEN T. MEISSNER, an individual, was damaged by the North Bay Fires as 

11 set forth below and makes the claims set forth below. 

12 PLAINTIFF MONICA BERRIZ, an individual, was damaged by tlie North Bay Fires as set 

13 forth below and makes the claims set forth below. 

14 PLAINTIFF THE ESTATE OF CARMEN CALDENTEY BERRIZ, by and through its 

15 Successor-in-Interest, ARMANDO A. BERRIZ, were damaged by the North Bay Fires as set forth 

16 below and make the claims set forth below. 

17 WRONGFUL DEATH CLAIM: Decedent CARMEN CALDENTEY BERRIZ sustained 

18 fatal injuries as a result of the NORTH BAY FIRES and died on October 9, 2017. The following 

19 plaintiffs are the heirs of Decedent, or other persons entitled to bring an action for the wrongful death 

20 of Decedent, and bring the applicable causes of action alleged in the SFC, pursuant to section 377.60 

. 21 of the Califqrnia Code of Civil Procedure: ARMANDO A. BERR,IZ, husband of decedent; 

22 ARMA~O ~- BERRIZ, son of decedent; CARMEN T. MEISSNER, daughter of decedent; 

23 MONICA BERRIZ, daughter of decedent. 

24 SURVIVOR CLAIM: Decedent CARMEN CALDENTEY BERRIZ sustained fatal injuries 

25 as a result of the NORTH BAY FIRES and died on October 9, 2017. The following Plaintiffs are the 

26 successors and/or representatives in interest of Decedent, and bring the applicable causes of action 

27 alleged in the SFC, pursuant to Code of Civil Procedure§ 377.30: THE ESTATE OF CARMEN 

28 CALDENTY BERRIZ, by and through its Successor-in-Interest, ARMANDO A. BERRIZ. 

2 JCCP4955 

SHORT FORM COMPLAINT Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 13

of 54
1 

2 

3 

4 

5 

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27 

28 

PLAINTIFFS COMPLAIN OF EACH DEFENDANT AS FOLLOWS: 

1. Plaintiffs refer to and incorporate herein by reference that Master Complaint filed on 

behalf oflndividual Plaintiffs in the CALIFORNIA NORTH BAY FIRE CASES, Judicial Council 

Coordinated Proceeding No. 4955, as though fully set forth herein. Plaintiffs hereby adopt the Master 

Complaint and agrees to be bound by any rulings with respect to the pleadings. 

2. Plaintiffs adopt each of the general allegations of the Master Complaint. 

3. Plaintiffs incorporate by reference each of the causes of action in the Master Complaint 

checked below against those Defendants named in that cause of action: 

181 First Cause of Action for Negligence 

181 Second Cause of Action for Wrongful Death 

181 Third Cause of Action for Survival Action 

181 Fourth Cause of Action for Inverse Condemnation 

181 Fifth Cause of Action for Public Nuisance 

181 Sixth Cause of Action for Private Nuisance 

181 Seventh Cause of Action for Premises Liability 

181 . Eighth Cause of Action for Trespass 

181 Ninth Cause of Action for Private Action Under Public Utilities Code § 2106 

181 Tenth Cause of Action for Violation of Health & Safety Code§ 13007 

181 Eleventh Cause of Action for Negligent Infliction of Emotional Distress 

4. Plaintiffs respectfully reserve the right to seek transfer or remain of trial of this action 

'•. 

to the County of Sonoma, Napa, or another appropriate venue. 

ADDRESSES OF ALL AFFECTED PROPERTIES 

Plaintiffs allege the following properties have been impacted by the CALIFORNIA NORTH 

BAY FIRES: 5610 Crystal Court, Santa Rosa, California, 95404. 

SPECIFY WHETHER PLAINTIFFS ARE: 

0 Insured by [Name oflnsurer] 

D Uninsured 

3 JCCP4955 

SHORT FORM COMPLAINT Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 14

of 54
1 D Owner of real property 

2 D Renter of real property 

3 0 Business owner 

4 0 Employee 

5 Other: Plaintiffs were renting the property for vacation. Property owner, Dan 181 

6 Brown, has State Farm Insurance. 

7 

CALIFORNIA NORTH BAY FIRE THAT IMPACTED PLAINTIFFS: 

8 

9 D Atlas Fire (Master Complaint ,i,i 80-86) 

10 D Cascade/LaPorte Fire (Master Complaint ,i,i 87-91) 

!l.. 11 0 Cherokee Fire (Master Complaint ,i,i 92-93) 

...:I 8 )( ...:I ..... .f! D Honey Fire (Master Complaint ,i,i 94-95) U-1 Q) 0- 12 ...:I 3"' ~ :>< "! §;::: 0 'Eo.,-. 0 Lobo.Fire (Master Complaint ,i,i 96-97) Oo"": 13 i:o ~ ·e ~ '50M 

~ ~~. D Maacama or No Name Fire (Master Complaint ,i,i 98-99) 14 --1" 0 U G> 

~ -~.,; 5 D Mccourtney Fire (Master Complaint ,i,i 100-101) C Q) .C 15 ::r: 0 -a; C. ~ 0) g (/.) 0 C - < ..... 0 Nuns Fire (Master Complaint ,i,i 102-109) ::r: §cl;::: VJ v,_,,-... 16 H - ~ 

z = ~- 17 0 Pocket Fire (Master Complaint ,i,i 110-111) ~ = ('") ~ 

18 D Point Fire (Master Complaint ,i,i 112-113) 

19 O· . Redwood Valley/ Potter Fires (Master Complaint ,i,i 114-116) 

20 D · Sullivan Fire (Master Complaint ,i,i 117-119) 

21 q Sulphur Fire (Master Complaint ,i,i 120-122) 

22 181 Tubbs Fire (Master Complaint ,i,i 123-127) 

23 D Highway 37 Fire (Master Complaint ,i,i 128-129) 

24 D Other Ignition Point [Describe in Additional Allegations Section below, p. 7] 

25 

PLAINTIFFS SUFFERED DAMAGE IN THE FOLLOWING WAY: 

26 

27 181 Wrongful death and survival 

28 181 Personal injury 

4 JCCP4955 

SHORT FORM COMPLAINT 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 15

of 54
p.. 

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181 

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181 

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181 

Emotional distress (including but not limited to presence in zone of danger) and/or 

bystander claims) 

Mental anguish (including but not limited to loss of use and enjoyment of property 

under nuisance) 

Residence destroyed 

Residence damaged 

Other structures destroyed 

Other structures damaged 

Real property improvements (fences, roads, well, septic system, etc.) destroyed 

Real property improvements (fences, roads, well, septic system, etc.) damaged 

Personal property damage 

Damage to trees 

Diminution in value of real property 

Damage to crops 

DaD:Iage to business equipment 

Dam.age to business goodwill or brand 

Loss. of use of business property 

Loss of future profits 

Loss or reduction of future insurance benefits due to lower crop yield in 2017 

Hann to pets or livestock 

Employment-related damages 

DAMAGES ALLEGED: 

AS AGAINST ALL DEFENDANTS for Inverse Condemnation, all according to proof, 

for: 

Diminution in real property and/or personal property value, cost of repairs, loss of 

use of the property, loss of rent, loss of profits, loss of prospective profits, increased 

operating expenses, and/or all other detriment proximately caused by the harm to 

Plaintiffs' property: 

All costs of suit, including reasonable attorneys' fees, appraisal fees, engineering 

fees, other expert fees, and related costs; 

5 JCCP4955 

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of 54
1 

2 

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28 

181 Prejudgment interest; 

181 For such other and further relief as the Court shall deem just and proper. 

AS AGAINST ALL DEFENDANTS for Wrongful Death and Survival Action, all 

according to proof, for: 

181 

181 

181 

181 

181 

181 

181 

181 

181 

Loss oflove, society, solace, companionship, comfort, care, assistance, protection, 

affection, and moral support from Decedent/s; 

Funeral and burial expenses, and related medical expenses; 

Economic loss, including but not limited to the loss of financial support and/or the 

loss of household services; 

Recovery ofDecedent/s' damages as allowed under Code of Civil Procedure§ 

377.30 under the causes of action alleged in the Master Complaint for, inter alia, 

inverse condemnation, negligence, nuisance, premises liability, trespass, and 

violations of statutes and regulations; 

Expenses for the identification and/or removal of Decedent/s' remains and other 

medical and/or emergency services; 

Punitive and exemplary damages as allowed under Civil Code§ 3294; 

All costs of suit; 

Prejudgment interest; and 

For such other and further relief as the Court shall deem just and proper. 

AS AGAINST ALL DEFENDANTS for Negligence, Public Nuisance, Private Nuisance, 

Premises Liability, Trespass, Private Action Under Public Utilities Code§ 2106, and 

Violation of Health & Safety Code § 13007, all according to proof, for: 

181 

181 

.. 

181 

181 

Repair, diminution in value, and/or replacement of damaged, destroyed, and/or lost 

personal and/or real property; 

Loss of use, income, wages, earning capacity, goodwill, profits or proceeds, 

increased operating expenses, and/or ~ll other detriment proximately caused by the 

harm to Plaintiffs' business property or concerns; 

Lost wages and/or earning capacity; 

Additional living expenses, and/or other related displacement exp·enses; 

Past and future medical expenses and incidental expenses; 

General damages for fear, wony, annoyance, disturbance, inconvenience, mental 

anguish, emotional distress, loss of the use, benefit, goodwill, and quiet enjoyment of 

property, and personal injury; 

An order enjoining continued violation of: (a) Public Resources Code §§ 4292, 

4293, and 4295; (b) Public Utilities Code § 451; ( c) Public Utilities Commission 

General Order 95. Rules 31.1-31.5. 35, 38. 43. 43.2. 44.1-44.4. 48-41.1; and (d) 

6 JCCP4955 

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of 54
.. _ " . ., 

1 

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181 

181 

.. 

Public Utilities Commission General Order 165; 

An order to abate the existing and continuing nuisances caused by the California 

North Bay Fires; 

Treble damages for wrongful injuries to timber, trees, or underwood as allowed 

under Civil Code § 3346; 

Treble damages for injuries to trees as allowed under Code of Civil Procedure § 

733; 

Exemplary damages as allowed under Civil Code § 3294; 

Exemplary damages for wrongful injuries to animals as allowed under Civil Code § 

3340; 

Exemplary damages as allowed under Public Utilities Code § 2106; 

Attorneys' fees, expert fees, consultant fees, and litigation costs and expenses as 

allowed under Code of Civil Procedure§ 1021.9; 

All costs of suit; 

Prejudgment interest; and 

For such other and further relief as the Court shall deem just and proper. 

ADDITIONAL ALLEGATIONS, IF ANY 

(Plaintiff-Specific, not Addressed by Master Complaint) 

7 

SHORT FORM COMPLAINT 

JCCP4955 

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........ 

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~-

DEMAND FOR JURY TRIAL 

PLAINTIFFS hereby demand a trial by jury as to all claims in this action. 

DATED: May 9, 2018 PANISH SHEA & BOYLE LLP 

By: 

Brian Panish 

Rahul Ravipudi 

Lyssa Roberts 

Attorneys for Plaintiffs 

8 

SHORT FORM COMPLAINT 

JCCP4955 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 19

of 54
PANISH SHEA & BOYLE LLP 

BRIAN PANTSH, State Bar No. 116060 

2 RAHUL RAVIPUDI, State Bar No. 204519 

LYSSA A.. ROBERTS, State Bar No. 235049 

3 11111 Santa Monica Boulevard, Suite 700 

Los Angeles, California 90025 

4 Telephone: 310.4 77 .1700 

Facsimile: 310.477.1699 

5 COTCHETT, PITRE & McCARTHY, LLP 

FRANK M. PITRE, State Bar No. 100077 

6 840 Malcolm Road, Suite 200 

Burlingame, Cali fomia 94010 

7 Telephone: 650.697 .6000 

Facsimile: 650.697 .0577 

ENDORSED 

Ft l ED 

San Francisco Cwnlj,' Superior Coort 

MAY O 9 2018 

CLERK OF THE COURT 

BY: KALENE Al:"0l0i\JIO 

-- DtipUl1/ Clerk 

8 WALKUP, MELODIA, KELLY & SCHOENBERGER 

MICHAEL A. KELLY, State Bar No. 71460 9 KHALDOUN A. BAGHDAD!, State Bar No. 190111 

650 Califomia Street, 26th Floor 

10 San Francisco, California 94108 

TeleJ?hone: 415. 981. 7210 

I 1 Facsimile: 415.391.6965 

12 Attorneys for Plaintiffs 

13 

14 

16 

SUPERIOR COURT OF THE ST ATE OF CALIFORNIA 

COUNTY OF SAN FRANCISCO 

COORDINATION PROCEEDINGS 

I 7 Special Title (California Rule of Court 3.550) 

18 CALIFORNIA NORTH BAY FIRES 

19 ARMANDO A. BERRIZ, an individual; 

ARAMANDO J. BERRTZ, an individual; 

20 CARMEN T. MEISSNER, an individual; 

MONICA BERRIZ, an individual; and THE 

21 EST A TE OF CARMEN BERRTZ, by and 

through its Successor-in-Interest, ARMANDO 

22 A. BERRIZ, 

23 

24 

Plaintiffs, 

V. 

PACIFIC GAS AND ELECTRIC 

25 COMPANY, PG&E CORPORATION, AND 

DOES I THROUGH 20, 

26 

27 

28 

Defendants. 

JCCP4955 -18-566428 

DECLARATION OF ARMANDO A. 

BERRIZ AS THE SUCCESSOR IN 

INTEREST TO THE ESTATE OF 

CARMEN CALDENTEY BERRIZ 

PURSUANT TO C.C.P. §377.32 

DECLARATION OF ARMANDO A. BERRIZ AS THE SUCCESSOR 

IN INTEREST TO THE ESTATE OF CARMEN CALDENTEY BERRIZ 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 20

of 54
·--.. 

1 

2 

DECLARATION OF ARMANDO A. BERRIZ 

I, ARMANDO A. BERRJZ, in accordance with the provisions of Section 377.32 of the Code 

3 of Civil Procedure, declare and say that: 

4 1. Decedent CARMEN CALDENTEY BERRIZ (DOB: June 24, 1942), died on October 

5 9, 2017, in the County of Sonoma, State of California as a result of the Santa Rosa fires. 

6 

7 

8 

2. 

3. 

4. 

Decedent CARMEN CALDENTEY BERRIZ was my wife at the time of her death. 

No proceeding is now pending in California for the administration of Decedent's estate. 

This declarant, as the husband of the decedent, is the decedent's successor in interest as 

9 defined in Code of Civil Procedure §377.11, and succeeds to the Decedent's interests in all respects. 

10 No other person bas a superior right to commence the action or proceeding or to be substituted for the 

11 Decedent in the pending action. 

12 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

I declare under penalty of perjury under the laws of the State of California that the foregoing is 

A 

2 

DECLARATION OF ARMANDO A. BERRIZ AS THE SUCCESSOR 

IN INTEREST TO THE ESTATE OF CARMEN CALDENTEY BERRIZ 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 21

of 54
CM-010 

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State 8'1rnumber. and address): FOR COURT USE ONLY 

flahul Ravipudi, Esq. S13N: 204519 

PANISH SHEA & BOYLE, LLP ~MOO~' 11111 Santa Monica Blvd., Suite 700, LOS ANGELES, CA 90025 ft.LEO TELEPHONE NO.: 3 10-477- 1700 FAX NO.: 3 I 0-4 77-1699 .sar11 frani:/st'::lll' C6t111!7 S(Jlperlor Court ATTORNEY FOR (NmneJ.Plaintiffs 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO 

STREET ADDREss,400 McAllister Street Mf:iN t 9 'l.0\8 

MAILING ADDREss:400 McAllister Street 

CITY AND ZIP CODE: San Francisco, 94102 CtE:R\l( OF ·wKE_ COURT 

BRANCH NAME:Civic Center Courthouse . . KAl.E~ ~~ON~-~--

CASE NAME: Bcrriz, ct al v. Pacific Gas and Electric Company, ct al. BY:c.-.-~ -~ D,,pu\'f C(el\'<, 

- 18-56-6A? 8 

CIVIL CASE COVER SHEET Complex Case Designation CA R: 

w Unlimited D Limited D Counter D Joinder (Amount (Amount 

demanded demanded is Filed with first appearance by defendant JUDGE: 

exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: 

Items 1-6 below must be completed (see instructions on page 2). 

1. Check one box below for the case type that best describes this case: 

Auto Tort Contract 

D Auto (22) D Breach of contracVwarranty (06) 

D Uninsured motorist (46) D Rule 3.740 collections (09) 

Other PI/PD/WD (Personal Injury/Property D Other collections (09) 

Damage/Wrongful Death) Tort D Insurance coverage (18) 

D Asbestos (04) D Other contract (37) D Product liability (24) 

D Medical malpractice (45) 

W Other PI/PD/WD (23) 

Non-PI/PD/WD (Other) Tort 

D Business tort/unfair business practice (07) 

D Civil rights (08) 

D Defamation (13) 

D Fraud (16) 

Real Property 

D Eminent domain/Inverse 

condemnation (14) 

D Wrongful eviction (33) 

D Other real property (26) 

Unlawful Detainer 

D Commercial (31) 

D Residential (32) 

D Intellectual property (19) D Drugs(38) 

D Professional negligence (25) Judicial Review 

D Other non·PI/PD/WD tort (35) D Asset forfeiture (05) 

Employment D Petition re: arbitration award (11) 

D Wrongful termination (36) D Writ of mandate (02) 

D Other emplo¥J11ent (15) D Other judicial review (39) 

Provisionally Complex Civil Litigation 

(Cal. Rules of Court, rules 3.400-3.403) 

D AntitrusVTrade regulation (03) 

D Construction defect (10) 

D Mass tort (40) 

D Securities litigation (28) 

D Environmental/Toxic tort (30) 

D Insurance coverage claims arising from the 

above listed provisionally complex case types (41) 

Enforcement of Judgment 

D Enforcement ol judgment (20) 

Mfscellaneous Civil Complaint 

0 RICO(27) 

D Other complaint (not specified above) (42) 

Miscellaneous Civil Petition 

D Partnership and corporate governance (21) 

D Other petition (not specified above) (43) 

2. This case L:::'.] is LJ is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the 

factors requiring exceptional judicial management: 

a. D Large number of separately represented parties d. D Large number of witnesses 

b. D Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more courts 

issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court 

c. D Substantial amount of documentary evidence f. D Substantial pcistjudgment judicial supervision 

3. Remedies sought (check all that apply): a.CK] monetary b. D non monetary; declaratory or injunctive relief c. D punitive 

4. Number of causes of action (specify): I. Negligence 2. Wrongful Death 3.Survival Action 4.Inversc Condemnation 5.Public 

5. This case D is W is not a class action suit. 6. Private Nuisance 7.Premises Liability 8.Trespass 9.Private /\ction 

6. If there are any known related cases, file and serve a notice of related case. (You ~?fuse form, CM-015.) 1 o. Violation of Health 

Date:May 9 2018 £' /!/(/.- · I I.Negligent ln!liction , -.. /y r' \_,,-• 

Rahul Ravipudi, EsQ. L.,: ___ ..,.~'!,,,·=·c-=,,;,.,,~.,,.,.,· =-c-==-==""'"'=_,,.,.,=,------ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) 

NOTICE 

• Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed 

under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result 

in sanctions. 

• File this cover sheet in addition to any cover sheet required by local court rule. 

• If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all 

other parties to the action or proceeding . 

.. Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes onlv. 

l'ago 1 ot 2 

Form AcJoptetl tor Mandato!)' Use 

Judicial Council of Cahfornia 

CM-010(Rev.July 1,20071 

CIVIL CASE COVER SHEET Cal. Ru~~~l=~r:s1e;,3·~~!,2}~;,,~~~~!7~~~;i;.-~~1~ 

www.cowtinfo.ca.gov 

Westlaw Doc & Form Bullde,- Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 22

of 54
,,._ ,\. 

INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 

To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a clvll case, you must 

complete and flle, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile 

statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet In item 1, you must check 

one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, 

check the more specific one. If the case has multiple causes of action, check the box that best Indicates the primary cause of action. 

To assist you In completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover 

sheet must be flied only with your initial paper. Failure to file a cover sheet with the first paper filed In a civil case may subject a party, 

its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. 

To Parties in Rule 3.740 Collections Cases. A "collections case• under rule 3.740 is defined as an action for recovery of money 

owed In a sum stated to be certain that Is not more than $25,000, exclusive of Interest and attorney's fees, arising from a transaction In 

which property, services, or money was acquired on credit A collections case does not Include an action seeking the following: (1) tort 

damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of 

attachment The Identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general 

time-for-service requirements and case management rules, unless a defendant flies a responsive pleading. A rule 3.740 collections 

case will be subject to the requirements for service and obtaining a judgment In rule 3. 740. 

To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the 

case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be Indicated by 

completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the 

complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the 

plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that 

the case Is complex. CASE lYPES AND EXAMPLES 

Auto Tort Contract 

Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06) 

Damage/Wrongful Death Breach of Rental/Lease 

Uninsured Motorist (46) (if the Contract (not unlawful detainer 

case involves an uninsured or wrongful eviction) 

motorist claim subject to Contract/Warranty Breach-Seller 

atbitration, check this item Plaintiff (not fraud or negligence) 

instead of Auto) Negligent Breach of ContracV 

Other PI/PD/WD (Personal Injury/ Warranty Property Damage/Wrongful Death) Other Breach of ContracVWarranty Tort Collections (e.g., money owed, open 

Asbestos (04) book accounts) (09) 

Asbestos Property Damage Collection Case-Seller Plaintiff 

Asbestos Personal Injury/ Other Promissory Note/Collections 

Wronglul Death Case 

Product Liability (not asbestos or Insurance Coverage (not provisionally 

toxic/environmental) (24) complex) (18) 

Medical Malpractice (45) Auto Subrogation 

Medical Malpractice- Other Coverage 

. Physicians & Surgeons Other Contract (37) 

Other Professional Health Care Contractual Fraud 

Malpractice Other Contract Dispute 

Other Pl/PD/WO (23) Real Property 

Premises Liability (e.g., slip Eminent Domain/lnverse 

and fall) Condemnation (14) 

. Intentional Bodily Injury/PD/WO Wrongful Eviction (33). 

(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) 

Intentional Infliction of Writ of Possession of Real .Property 

Emotional Distress Mortgage Foreclosure 

Negligent Infliction of Quiet Title 

Emotional Distress Other Real Property (not eminent 

Other PI/PD/WD domain, landlord/tenant, or· 

Non-PI/PD/WD (Other) Tort foreclosure) 

Business Tort/Unfair Business Unlawful Detainer 

-Practice (07) Commercial (31) 

Civil Rights (e.g., discrimination, Residential (32) 

false arrest) (not civil Drugs (38) (if the case involves illegal 

harassment) (08) drugs, check this item; otherwise, 

Defamation (e.g., slander, libel) report as Commercial or Residential) 

(13) Judicial Review 

Fraud (16) Asset Forfeiture (05) 

Intellectual Property (19) Petition Re: Arbitration Award (11) 

Professional Negllgence (25) Writ of Mandate (02) 

Legal Malpraclice Writ-Administrative Mandamus 

Other Professional Malpractice Writ-Mandamus on Limited Court 

(not medical or legal) Case Matter 

Other Non-Pl/PD/WO Tort (35) Writ-Other Limited Court Case 

Employment Review 

Wrongful Termination (36) Other Judicial Review (39) Other Employment (15) Review of Health Officer Order 

Notice of Appeal-labor 

Commissioner Appeals 

CM-010 [Rev.July I, 2007) CIVIL CASE COVER SHEET 

Provisionally Complex Civil Litigation (cal. 

Rules of Court Rules 3.400-3.403) 

AnlilrusVTrade Regulation (03) 

Construction Defect (10) 

Claims Involving Mass Tort (40) Securities Litigation (28) 

EnvironmenlaVToxic Tort (30) 

Insurance Coverage Claims 

(arising from provisionally complex case type listed above) (41) 

Enforcement of Judgment Enforcement of Judgment (20) 

Abstract of Judgment (Out ol 

County) 

Confession of Judgment (nondomestic relations) 

Sister State Judgment 

Administrative Agency Award 

(not unpaid taxes) 

Petition/Certification of Entry of 

Judgment on Unpaid Taxes 

Other Enforcement of Judgment Case 

Mlscellaneous Civil Complaint RIC0(27) 

Other Complaint (not specified above)(42) 

Declaratory Reliel Only Injunctive Relief Only (nonharassment) 

Mechanics Lien 

Other Commercial Complaint 

Case (non-tort/non-complex) 

Other Civil Complaint (non-tort/non-complex) 

Miscellaneous CIVIi Petition 

Partnership and Corporate 

Governance (21) Other Petition (not specified 

aboveJ(43) 

Civil Harassment 

Workplace Violence 

Elder/Dependent Adult 

Abuse 

Election Contest 

Petition for Name Change 

Petition for Relief From Late 

Claim 

Other Civil Petition 

Page2of2 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 23

of 54
SUPERIOR COURT OF CALIFORNIA 

COUNTY OF SAN FRANCISCO 

400 MCALLISTER STREET, SAN FRANCISCO, CA 94102-4514 

ARMANDO A. BERRIZ et al 

PLAINTIFF (S) 

vs. 

PACIFIC GAS AND ELECTRIC COMPANY et al 

DEFENDANT (S) 

Case Management :oepartinent 610 

Case Management Order 

NO. CGC-18-566428 

Order Continuing Case 

Management Conference 

TO: ALL COUNSEL AND SELF-REPRESENTED LITIGANTS 

The Oct-10-2018 CASE MANAGEMENT CONFERENCE is canceled, and it is hereby ordered: 

This case is set for a case management conference on Jan-16-2019 in Department 61 O at 10:30 am for 

status of coordination. 

NOTE: Plaintiff to comply with CRC 3.529. 

CRC 3.725 requires the filing and service of a case management statement form CM-110 no later than 

fifteen (15) qays before the case management conference. However, it would facilitate the issuance of a 

case management order without an appearance at the case management conference if the case 

management statement is filed, served and lodged in Department 610 twenty-five (25) days before the 

case management conference. 

PLAINTIFF(S) must serve a copy of this notice on all parties not listed on the attached proof of service 

within five (5) days of the date of this order. 

DATED: SEP-24-2018 

Order Continuing Case Management Conference 

Form 000001 

TERI L. JACKSON 

JUDGE OF THE SUPERIOR COURT 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 24

of 54
CERTIFICATE OF SERVICE BY MAIL 

I, the undersigned, certify that I am an employee of the Superior Court of California, County of San Francisco and not a party to 

the above-entitled cause and that on SEP-24-2018 I served the attached Order Continuing Case Management Conference by 

placing a copy thereof in an envelope addressed to all parties to this action as listed below. I then placed the envelope In the 

outgoing mall at 400 McAllister Street, San Francisco, CA 94102, on the date indicated above for collection, sealing of the 

envelope, attachment of required prepaid postage, and mailing on that date, following standard court practice. 

Dated : SEP-24-2018 

MICHAEL ALBERT KELLY (071460) 

WALKUP, MELODIA, KELLY & SCHOENBERGER 

650 CALIFORNIA ST., 26TH FL. 

SAN FRANCISCO, CA 94108 

FRANK MARIO PITRE (100077) 

COTCHETT, PITRE & MCCARTHY, LLP 

840 MALCOLM ROAD, STE. 200 

BURLINGAME, CA 94010 

BRIAN J PANISH (116060) 

PANISH, SHEA & BOYLE LLP 

11111 SANTAMONICABLVD 

SUITE 700 

LOS ANGELES, CA 90025 

BRIAN J PANISH (116060) 

PANISH, SHEA & BOYLE LLP 

11111 SANTA MONICA BLVD 

SUITE 700 

LOS ANGELES, CA 90025 

By: DARLENE LUM 

Page 1 of 1 

CERTIFICATE OF SERVICE BY MAIL 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 25 Form 000001 

of 54
1 Bill Robins III (SBN 296101) 

Robert T. Bryson (SBN 156953) 

2 Kevin M. Pollack (SBN 272786) 

ROBINS CLOUD LLP 

3 808 Wilshire Boulevard, Suite 450 

4 Santa Monica, CA 90401 

Tel.: (310) 929-4200 / Fax: (310) 566-5900 

5 robins@robinscloud.com 

rbryson@robinscloud.com 

6 kpollack@robinscloud.com 

7 Attorneys for Plaintiffs 

8 

9 

10 

11 

12 

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

COUNTY OF SAN FRANCISCO 

13 COORDINATION PROCEEDING JCCP 4955 

14 Special Title (California Rule of Court 3.550) 

15 

16 

CALIFORNIA NORTH BAY FIRES 

INDIVIDUAL PLAINTIFFS' SHORT 

FORM COMPLAINT 

17 PHYLLIS LOWE AND LOWE FAMILY TRUST 

18 

Plaintif£'s 

v. 

19 PACIFIC GAS AND ELECTRIC COMPANY, 

PG&E CORPORATION, AND DOES 1 

20 THROUGH 20, 

21 

22 

23 

24 

25 

26 

27 

28 

Defendants. 

1 

TUBBS-ROCL-0086 

PHYLLIS LOWE AND LOWE FAMILY TRUST SHORT FORM COMPLAINT 

JCCP 4955 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 26

of 54
1 Pursuant to Case Management Order No. 1, Plaintiff(s) hereby submit(s) this Short Form 

2 Complaint ("SFC") against Defendants identified below, and hereby adopt(s) and incorporate(s) 

3 by reference as set forth in Plaintiffs' most recent Master Complaint filed in this matter on March 

4 12, 2018, and any and all later amendments thereto. 

5 PLAINTIFF PHYLLIS LOWE in her personal capacity and as trustee of the LOWE 

6 FAMILY TRUST was damaged by the North Bay Fires as set forth below and makes the claims 

7 set forth below. 

8 PLAINTIFF RANDY LOWE as Trustee of the LOWE FAMILY TRUST was damaged by 

9 the North Bay Fires as set forth below and makes the claims set forth below. 

1 O PLAINTIFFS COMPLAIN OF EACH DEFENDANT AS FOLLOWS: 

11 1. Notice of Adoption of the Master Complaint. Plaintiff(s) refer(s) to and 

12 incorporate( s) herein by reference that Master Complaint filed on behalf of Individual Plaintiffs in 

13 the CALIFORNIA NORTH BAY FIRE CASES, Judicial Council Coordinated Proceeding No. 

14 4955, as though fully set forth herein. Plaintiff(s) hereby adopt(s) the Master Complaint and 

15 agree(s) to be bound by any rulings with respect to the pleadings. 

16 2. Plaintiff(s) adopt(s) each of the general allegations of the Master Complaint except 

17 for those paragraph numbers set forth here, if any: None. 

18 3. Plaintiff( s) incorporate( s) by reference each of the causes of action in the Master 

19 Complaint checked below against those Defendants named in that cause of action: 

20 

21 

22 

23 

24 

25 

26 

27 

28 

First Cause of Action for Negligence 

Second Cause of Action for Wrongful Death 

Third Cause of Action for Survival Action 

Fourth Cause of Action for Inverse Condemnation 

Fifth Cause of Action for Public Nuisance 

Sixth Cause of Action for Private Nuisance 

Seventh Cause of Action for Premises Liability 

Eighth Cause of Action for Trespass 

Ninth Cause of Action for Private Action Under Public Utilities Code § 2106 

- 1 -

PHYLLIS LOWE AND LOWE FAMILY TRUST SHORT FORM COMPLAINT 

JCCP 4955 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 27

of 54
1 

2 

3 

Tenth Cause of Action for Violation of Health & Safety Code§ 13007 

Eleventh Cause of Action for Negligent Infliction of Emotional Distress 

In addition to the defendant(s) named in the Master Complaint, Plaintiff(s) also name(s) 

4 the following individual(s) as Nominal Defendant(s): At this time, Plaintiffs reserve the right to 

5 assert additional allegations at a future date. 

6 4. Plaintiff(s) respectfully reserve(s) the right to seek transfer or remand of the trial of 

7 this action to the County of Sonoma, Napa, or another appropriate venue. 

8 

9 

ADDRESSES OF ALL AFFECTED PROPERTIES 

Plaintiff(s) allege(s) the following properties have been impacted by the CALIFORNIA 

10 NORTH BAY FIRES for which Plaintiff(s) seeks recovery: 2006 Bracken Court, Santa Rosa, CA 

l l 95403 APN l 73-590-013-000. 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

D 

IZl 

D 

D 

D 

D 

D 

SPECIFY WHETHER PLAINTIFF(S) ARE: 

Insured by: Nationwide AMCO Insurance Co. 

Uninsured 

Owner of real property 

Renter of real property 

Business owner 

Employee 

Other 

CALIFORNIA NORTH BAY FIRE THAT IMPACTED PLAINTIFF(S): 

Atlas Fire (Master Complaint ,r,r 80-86) 

D Cascade/LaPorte Fire (Master Complaint ,r,r 87-91) 

D Cherokee Fire (Master Complaint ,r,r 92-93) 

D Honey Fire (Master Complaint ,r,r 94-95) 

D Lobo Fire (Master Complaint ,r,r 96-97) 

D Maacama or No Name Fire (Master Complaint ,r,r 98-99) 

D Mccourtney Fire (Master Complaint ,r,r 100-101) 

- 2 -

PHYLLIS LOWE AND LOWE FAMILY TRUST SHORT FORM COMPLAINT 

JCCP 4955 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 28

of 54
1 D Nuns Fire (Master Complaint ,i,i 102-109) 

2 D Pocket Fire (Master Complaint ,i,i 110-111) 

3 D Point Fire (Master Complaint ,i,i 112-113) 

4 D Redwood Valley/ Potter Fires (Master Complaint ,i,i 114-116) 

5 D Sullivan Fire (Master Complaint ,i,i 117-119) 

6 D Sulphur Fire (Master Complaint ,i,i 120-122) 

7 IZl Tubbs Fire (Master Complaint ,i,i 123-127) 

8 D Highway 37 Fire (Master Complaint ,i,i 128-129) 

9 D Other Ignition Point [Describe in Additional Allegations Section below, p. 7] 

10 

11 PLAINTIFFS SUFFERED DAMAGE IN THE FOLLOWING WAY: 

12 D Wrongful death and survival 

13 D Personal injury 

14 IZl Emotional distress (including but not limited to presence in zone of danger) and/or 

bystander claims) 

15 

Mental anguish (including but not limited to loss of use and enjoyment of property IZl 

16 under nuisance) 

17 IZl Residence destroyed 

18 D Residence damaged 

19 IZl Other structures destroyed 

20 D Other structures damaged 

21 IZl Real property improvements (fences, roads, well, septic system, etc.) destroyed 

22 D Real property improvements (fences, roads, well, septic system, etc.) damaged 

23 IZl Personal property damage 

24 IZl Damage to trees 

25 IZl Diminution in value of real property 

26 D Damage to crops 

27 D Damage to business equipment 

28 D Damage to business goodwill or brand 

- 3 - JCCP 4955 

PHYLLIS LOWE AND LOWE FAMILY TRUST SHORT FORM COMPLAINT Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 29

of 54
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D 

D 

D 

D 

D 

Loss of use of business property 

Loss of future profits 

Loss or reduction of future insurance benefits due to lower crop yield in 2017 

Harm to pets or livestock 

Employment-related damages 

DAMAGES ALLEGED: 

AS AGAINST ALL DEFENDANTS for Inverse Condemnation, all according to proof, 

for: 

Diminution in real property and/or personal property value, cost of repairs, loss of 

use of the property, loss of rent, loss of profits, loss of prospective profits, increased 

operating expenses, and/or all other detriment proximately caused by the harm to 

Plaintiffs' property; 

All costs of suit, including reasonable attorneys' fees, appraisal fees, engineering 

fees, other expert fees, and related costs; 

Prejudgment interest; 

For such other and further relief as the Court shall deem just and proper. 

AS AGAINST ALL DEFENDANTS for Wrongful Death and Survival Action, all 

according to proof, for: 

D 

D 

D 

D 

D 

D 

D 

D 

D 

Loss of love, society, solace, companionship, comfort, care, assistance, protection, 

affection, and moral support from Decedent/s; 

Funeral and burial expenses, and related medical expenses; 

Economic loss, including but not limited to the loss of financial support and/or the 

loss of household services; 

Recovery of Decedent/s' damages as allowed under Code of Civil Procedure§ 

377.30 under the causes of action alleged in the Master Complaint for, inter alia, 

inverse condemnation, negligence, nuisance, premises liability, trespass, and 

violations of statutes and regulations; 

Expenses for the identification and/or removal of Decedent/s' remains and other 

medical and/or emergency services; 

Punitive and exemplary damages as allowed under Civil Code § 3294; 

All costs of suit; 

Prejudgment interest; and 

For such other and further relief as the Court shall deem just and proper. 

- 4 -

PHYLLIS LOWE AND LOWE FAMILY TRUST SHORT FORM COMPLAINT 

JCCP 4955 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 30

of 54
1 

2 

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16 

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19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

AS AGAINST ALL DEFENDANTS for Negligence, Public Nuisance, Private Nuisance, 

Premises Liability, Trespass, Private Action Under Public Utilities Code § 2106, and 

Violation of Health & Safety Code§ 13007, all according to proof, for: 

D 

D 

D 

D 

Repair, diminution in value, and/or replacement of damaged, destroyed, and/or lost 

personal and/or real property; 

Loss of use, income, wages, earning capacity, goodwill, profits or proceeds, 

increased operating expenses, and/ or all other detriment proximately caused by the 

harm to Plaintiffs' business property or concerns; 

Lost wages and/or earning capacity; 

Additional living expenses, and/or other related displacement expenses; 

Past and future medical expenses and incidental expenses; 

General damages for fear, worry, annoyance, disturbance, inconvenience, mental 

anguish, emotional distress, loss of the use, benefit, goodwill, and quiet enjoyment of 

property, and personal injury; 

An order enjoining continued violation of: (a) Public Resources Code§§ 4292, 

4293, and 4295; (b) Public Utilities Code§ 451; (c) Public Utilities Commission 

General Order 95, Rules 31.1-31.5, 35, 38, 43, 43.2, 44.1-44.4, 48-41.1; and (d) 

Public Utilities Commission General Order 165; 

An order to abate the existing and continuing nuisances caused by the California 

North Bay Fires; 

Treble damages for wrongful injuries to timber, trees, or underwood as allowed 

under Civil Code § 3346; 

Treble damages for injuries to trees as allowed under Code of Civil Procedure § 

733; 

Exemplary damages as allowed under Civil Code§ 3294; 

Exemplary damages for wrongful injuries to animals as allowed under Civil Code § 

3340; 

Exemplary damages as allowed under Public Utilities Code§ 2106; 

Attorneys' fees, expeti fees, consultant fees, and litigation costs and expenses as 

allowed under Code of Civil Procedure§ 1021.9; 

All costs of suit; 

Prejudgment interest; and 

For such other and further relief as the Court shall deem just and proper. 

- 5 - JCCP 4955 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 31 PHYLLIS LOWE AND LOWE FAMILY TRUST SHORT FORM COMPLAINT 

of 54
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2 

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13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

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27 

28 

ADDITIONAL ALLEGATIONS, IF ANY 

(Plaintiff-Specific, not Addressed by Master Complaint) 

At this time, Plaintiffs reserve the right to assert additional allegations at a future date. 

DEMAND FOR JURY TRIAL 

PLAINTIFF(S) hereby demand(s) a trial by jury as to all claims in this action. 

DATED: July 8, 2019 ROBINS CLOUD LLP 

/ 

By 

Bill Robins 

Robert Bryson 

Kevin Pollack 

Attorneys for Plaintiffs 

- 6 - JCCP 4955 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 32 PHYLLIS LOWE AND LOWE FAMILY TRUST SHORT FORM COMPLAINT 

of 54
FRANK M. PITRE (SBN 100077) 

1 fpitre@cpmlegal.com 

JOSEPH W. COTCHETI (SBN 36324) 

2 jcotchett@cpmiegal.com 

ALISON E. CORDOVA (SBN 284942) 

3 acordova@cpmlegal.com 

COTCHETT, PITRE & McCARTHY, LLP 

4 San Francisco Airport Office Center 

840 Malcolm Road, Suite 200 

5 Burlingame, OA 94010 

Telephone: (650) 697-6000 Facsimile: (650) 697 0577 

6 

STEVEN M. CAMPORA (SBN 110909) 

7 scarnpora@dbbwlaw.com 

DREYER BABICH BUCCOLA WOOD CAMPORA, LLP 

8 20 Bicentennial Circle 

Sacramento, CA 95826 

9 Telephone: (916) 379-3500 Facsimile: (916)379-3599 

10 Attorneys for Plaintiffs 

11 [Additional co-counsel listed on the signature 

page]) 12 

13 

14 

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

COUNTY OF SAN FRANCISCO 

15 

COORDINATION PROCEEDING 

16 Special Title (California Rule of Court 3.550) 

17 CALIFORNIA NORTH BAY FIRES 

18 

DON KAMP RA TH, individually and as 

19 TRUSTEE of Donald L. Kamprath and Ruth 

Johnson Kamprath Revocable Trust; and RUTH 

20 KAMPRATH, individually and as TRUSTEE of 

Donald L. Kamprath and Ruth Johnson Karnprath 

21 Revocable Trust; and Donald L. Kamprath and 

Ruth Johnson Karnprath Revocable Trust 

22 

23 

Plaintiffs, 

v. 

24 

PACIFIC GAS AND ELECTRIC COMPANY, 

PG&E CORPORATION, AND DOES 1 

25 

THROUGH 20, 

Defendants. 

26 

27 

28 

JCCP4955 

San Francisco Superior Court 

INDMDUAL PLAINTIFFS' 

SHORT FORM COMPLAINT 

TUBBS-CPMC-0062 

SHORT FORM COMPLAINT OF DON KAMPRA TH AND RUTH KAMPRA TH , ET AL.] Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 33 JCCP4955 

of 54
1 Pursuant to Case Management Order No. 1 Plaintiff(s) hereby submit this Short Form 

2 Complaint ("SFC") against-Defendants identified below, and hereby adopt and incorporate by 

3 reference as set forth in Plaintiffs' most recent Master Complaint filed in this matter On March 12, 

4 2018, and any and all later amendments thereto. 

5 PLAINTIFF DON KAMPRA TH, individually was damaged by the North Bay Fires as set 

6 forth below and makes the claims set forth below. 

7 PLAINTIFF RUTH KAMPRATH, individually was damaged by the North Bay Fires as 

8 set forth below and makes the claims set forth below. 

9 

1 O PLAINTIFFS COMPLAIN OF EACH DEFENDANT AS FOLLOWS: 

11 1. Plaintiff(s) refer to and incorporate herein by reference that Master Complaint filed 

12 on behalf of Individual Plaintiffs in the CALIFORNIA NORTH BAY FIRE CASES, Judicial 

13 Council Coordinated Proceeding No. 4955, as though fully set forth herein. Plaintiff(s) hereby 

14 adopt(s) the Master Complaint and agrees to be bound by any rulings with respect to the 

15 pleadings. 

16 2. Plaintiff(s) adopt(s) each of the general allegations of the Master Complaint except 

17 for those paragraph numbers set forth here, if any: Not applicable. 

18 3. Plaintiff( s) incorporate( s) by reference each of the causes of action in the Master 

19 Complaint checked below against those Defendants named in that cause of action: 

20 

21 

22 

23 

24 

25 

26 

27 

28 

First Cause of Action for Negligence 

Second Cause of Action for Wrongful Death 

Third Cause of Action for Survival Action 

Fourth Cause of Action for Inverse Condemnation 

Fifth Cause of Action for Public Nuisance 

Sixth Cause of Action for Private Nuisance 

Seventh Cause of Action for Premises Liability 

Eighth Cause of Action for Trespass 

- 1 - JCCP 4955 

SHORT FORM COMPLAINT OF DON KAMPRATH AND RUTH KAMPRATH, ET AL., Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 34

of 54
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2 

3 

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8 

9 

10 

11 

12 

13 

14 

15 

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18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Ninth Cause of Action for Private Action Under Public Utilities Code § 2106 

Tenth Cause of Action for Violation of Health & Safety Code§ 13007 

4. In addition to the defendants named in the Master Complaint, Plaintiffs also name 

the following individuals as Nominal Defendants: Not applicable. 

5. Plaintiffs respectfully reserve the right to seek transfer or remand of the trial of 

this action to the County of Sonoma, Napa, or another appropriate venue. 

ADDRESSES OF ALL AFFECTED PROPERTIES 

Plaintiff(s) allege(s) the following properties have been impacted by the CALIFORNIA 

NORTH BAY FIRES for which Plaintiff(s) seeks recovery: 1282 Michele Way, Santa Rosa · 

95404. 

181 

D 

181 

0 

D 

0 

181 

SPECIFY WHETHER PLAINTIFF(S) ARE: 

Insured by Hartford Insurance 

Uninsured 

Owner of real property 

Renter of real property 

Business owner 

Employee 

Other: [Retired] 

CALIFORNIA NORTH BAY FIRE THAT IMPACTED PLAINTIFF(S): 

0 Atlas Fire (Master Complaint 1169-75) 

D Cascade/LaPorte Fire (Master Complaint 1176-80) 

D Cherokee Fire (Master Complaint 1181-82) 

D Honey Fire (Master Complaint 11 83-84) 

D Lobo Fire (Master Complaint 11 85-86) 

D . Maacama or No Name Fire (Master Complaint 11 89-90) 

D Mccourtney Fire (Master Complaint 11 89-90) 

- 2 - CCP 4955 

SHORT FORM COMPLAINT OF DON KAMPRATH AND RUTH KAMPRATH, ET AL.] Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 35

of 54
1 D Nuns Fire (Master Complaint ,r,r 91-98) 

2 D Pocket Fire (Master Complaint ,r,r 99-100) 

3 D Point Fire (Master Complaint ,r,r 101-102) 

4 D Redwood Valley Fire (Master Complaint ,r,r 103-105) 

5 D Sulphur Fire (Master Complaint ,r,r 106-108) 

6 181 Tubbs Fire (Master Complaint ,r,r 109-114) 

7 D 3 7 Fire (Master Complaint ,r,r 115-116) 

8 

9 PLAINTIFFS SUFFERED DAMAGE IN THE FOLLOWING WAY: 

10 0 Wrongful death and survival 

11 D Personal injury 

12 181 Emotional distress (resulting from presence in zone of danger) 

13 181 Mental anguish (resulting from loss of use and enjoyment of property under 

nuisance) 

14 181 Residence destroyed 

15 181 Residence damaged 

16 181 Other structures destroyed 

17 181 Other structures damaged 

18 181 Real property improvements (fences, roads, well, septic system, etc.) destroyed 

19 181 Real property improvements ( fences, roads, well, septic system, etc.) damaged 

20 181 Personal property damage 

21 181 Damage to trees 

22 

0 Harm to pets or livestock 

23 D Business-related damages 

24 D Employment-related damages 

25 

26 

DAMAGES ALLEGED: 

27 

28 

- 3 - CCP4955 

SHORT FORM COMPLAINT OF DON KAMPRATH AND RUTH KAMPRATH, ET AL.] Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 36

of 54
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AS AGAINST ALL DEFENDANTS for Inverse Condemnation, all according to proof, 

for: 

Diminution in real property and/or personal property value, cost of repairs, loss of 

use of the property, loss of rent, loss of profits, loss of prospective profits, increased 

operating expenses, and/or all other detriment proximately caused by the harm to 

Plaintiffs' property; 

All costs of suit, including reasonable attorneys' fees, appraisal fees, engineering 

fees, other expert fees, and related costs; 

Prejudgment interest; 

For such other and further relief as the Court shall deem just and proper. 

AS AGAINST ALL DEFENDANTS for Wrongful Death and Survival Action, all 

according to proof, for: 

0 

0 

0 

0 

0 

0 

0 

0 

0 

Loss of love, society, solace, companionship, comfort, care, assistance, protection, 

affection, and moral support from Decedent/s; 

Funeral and burial expenses, and related medical expenses; 

Economic loss, including but not limited to the loss of financial support and/or the 

loss of household services; 

Recovery ofDecedent/s' damages as allowed under Code of Civil Procedure§ 

377.30 under the causes of action alleged in the Master Complaint for, inter. alia, 

inverse condemnation, negligence, nuisance, premises liability, trespass, and 

violations of statutes and regulations; 

Expenses for the identification and/or removal ofDecedent/s' remains and other 

medical and/or emergency services; 

Punitive and exemplary damages as allowed under Civil Code § 3294; 

All costs of suit; 

Prejudgment interest; and 

For such other and further relief as the Court shall deem just and proper. 

AS AGAINST ALL DEFENDANTS for Negligence, Public Nuisance, Private Nuisance, 

Premises Liability, Trespass, Private Action Under Public Utilities Code§ 2106, and 

Violation of Health & Safety Code § 13007, all according to proof, for: 

Repair, diminution in value, and/or replacement of damaged, destroyed, and/or lost 

personal and/or real property; 

Loss of use, income, wages, earning capacity, goodwill, profits or proceeds, 

increased operating expenses, and/or all other detriment proximately caused by the 

harm to Plaintiffs' business property or concerns; 

Lost wages and/or earning capacity; 

-4- CCP4955 

SHORT FORM COMPLAINT OF DON KAMPRA TH AND RUTH KAMPRATH, ET AL.] 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 37

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181 

0 

0 

0 

Additional living expenses, and/or other related displacement expenses; 

Past and future medical expenses and incidental expenses; 

General damages for fear, worry, annoyance, disturbance, inconvenience, mental 

anguish, emotional distress, loss of the use, benefit, goodwill, and quiet enjoyment of 

property, and personal injury;· 

An order enjoining continued violation of: (a) Public Resources Code§§ 4292, 

4293, and 4295; (b) Public Utilities Code§ 451; (c) Public Utilities Commission 

General Order 95, Rules 31.1-31.5, 35, 38, 43, 43.2, 44.1-44.4, 48-41.1; and (d) 

Public Utilities Commission General Order 165; 

An order to abate the existing and continuing nuisances caused by the California 

North Bay Fires; 

Treble damages for wrongful injuries to timber, trees, or underwood as allowed 

under Civil Code § 3346; 

Treble damages for injuries to trees as allowed under Code of Civil Procedure § 

733; 

Exemplary damages as allowed under Civil Code § 3294; 

Exemplary damages for wrongful injuries to animals as allowed under Civil Code § 

3340; 

Exemplary damages as allowed under Public Utilities Code § 2106; 

Attorneys' fees, expert fees, consultant fees, and litigation costs and expenses as 

allowed under Code of Civil Procedure§ 1021.9; 

All costs of suit; 

Prejudgment interest; and 

For such other and further relief as the Court shall deem just and proper. 

ADDITIONAL ALLEGATIONS, IF ANY 

(Plaintiff-Specific, not Addressed by Master Complaint) 

- 5 - CCP4955 

SHORT FORM COMPLAINT OF DON KAMPRATH AND RUTH KAMPRATH, ET AL.] 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 38

of 54
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DEMAND FOR JURY TRIAL 

PLAINTIFFS hereby demand a trial by jury as to all claims in this action. 

DATED: o:~(L/ I ~ ,2019 

ALISON CORDOVA 

Attorneys for Plaintiffs 

STEVEN M. CAMPORA 

DREYBABICHBUCCOLA WOOD . CAMPORA,LLP 

20 Bicentennial Circle 

Sacramento, CA 95826 

BRIAN J. P ANISH 

PANISH SHEA & BOYLE, LLP 

11111 Santa Monica Blvd., Suite 700 

Los Angeles, CA 90025 

MICHAEL A. KELLY 

WALKUP MELODIA KELLY & 

SCHOENBERGER 

650 California Street 

San Francisco, CA 94108 

MICHAEL D. GREEN 

ABBEY, WEITZENBERG, WARREN & 

EMERY,PC 

100 Stony Point Road, Suite 200 

Santa Rosa, CA 95401 

-6- CCP4955 

SHORT FORM COMPLAINT OF DON KAMPRATH AND RUTH KAMPRATH, ET AL.] 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 39

of 54
1 BRENDAN M. KUNKLE (SBN 173292) 

bkunkle@abbeylaw.com 2 MICHAEL D. GREEN (SBN 214142) 

3 mgreen@abbeylaw.com 

SCOTT R. MONTGOMERY (SBN 278060) 

4 smontgomery@abbeylaw.com 

ABBEY, WEITZENBERG, WARREN & EMERY, PC 

5 100 Stony Point Rd, Suite 200 

Santa Rosa, CA 95401 6 Telephone: (707) 542-5050 Fax: (707) 542-2589 

7 Attorneys for Plaintiff(s) 

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SUPERIOR COURT OF THE STATE OF CALIFORNIA 

COUNTY OF SAN FRANCISCO 

COORDINATION PROCEEDING 

Special Title (California Rule of Court 3.550) 

CALIFORNIA NORTH BAY FIRES 

JEREMY OLSAN, ANN DuBA Y, BURTON 

FOHRMAN, RALEIGH FOHRMAN, THE 

FOHRMAN FAMILY TRUST DATED 

FEBRUARY 3, 1976 and THE JEREMY L. 

OLSAN AND ANN M. DuBA Y TRUST DATED 

NOVEMBER 29, 2001, 

Plaintiff/s 

v. 

PACIFIC GAS AND ELECTRIC COMPANY, 

PG&E CORPORATION, AND DOES 1 

THROUGH 20, 

Defendants. 

JCCP 4955 

INDIVIDUAL PLAINTIFF'S SHORT 

FORM COMPLAINT 

TUBBS-A WWE-0087 

28 ........,.""""""",.....,.,......,...,..,,..,.,.,.......,...,...,,,,,.........,...,......=.-r-r.r,..-,,,r.,....,...,.,....,..,...,....,,.,- JCCP 4955 SHORT FORM COMPLAINT OF JEREMY oLSAN, ANN DUBAY,, BORTON FOHRMAN, RALEIGH FOHRfviAN, 

THE FOHRMAN FAMILY TRUST DATED FEBRUARY 3, 1970 AND THE JEREMY L. OLSAN AND ANN M. 

DUBAY TRUST DATED NOVEMBER 29, 2001 Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 40

of 54
1 Pursuant to Case Management Order No. 1, Plaintiff(s) hereby submit(s) this Short Form 

2 Complaint ("SFC") against Defendants identified below, and hereby adopt(s) and incorporate(s) 

3 by reference as set forth in Plaintiffs' most recent Master Complaint filed in this matter on March 

4 12, 2018, and any and all later amendments thereto. 

5 PLAINTIFF JEREMY OLSAN an individual was damaged by the North Bay Fires as set 

6 forth below and makes the claims set forth below. 

7 PLAINTIFF JEREMY OLSAN as trustee of THE JEREMY L. OLSAN AND ANN M. 

8 DuBAY TRUST DATED NOVEMBER 29, 2001 was damaged by the North Bay Fires as set 

9 forth below and makes the claims set forth below. 

10 PLAINTIFF ANN DuBAY an individual was damaged by the North Bay Fires as set forth 

11 below and makes the claims set forth below. 

12 PLAINTIFF ANN DuBA Y as trustee of THE JEREMY L. OLSAN AND ANN M. 

13 DuBA Y TRUST DATED NOVEMBER 29, 2001 was damaged by the North Bay Fires as set 

14 forth below and makes the claims set forth below. 

15 PLAINTIFF BURTON FOHRMAN an individual was damaged by the North Bay Fires as 

16 set forth below and makes the claims set forth below. 

17 PLAINTIFF BURTON FOHRMAN as trustee of THE FOHRMAN FAMILY TRUST 

18 DATED FEBRUARY 3. 1976 was damaged by the North Bay Fires as set forth below and makes 

19 the claims set forth below. 

20 PLAINTIFF RALEIGH FOHRMAN an individual was damaged by the North Bay Fires as 

21 set forth below and makes the claims set forth below. 

22 PLAINTIFF RALEIGH FOHRMAN as trustee of THE FOHRMAN FAMILY TRUST 

23 DATED FEBRUARY 3. 1976 was damaged by the North Bay Fires as set forth below and makes 

24 the claims set forth below. 

25 PLAINTIFFS COMPLAIN OF EACH DEFENDANT AS FOLLOWS: 

26 1. Notice of Adoption of the Master Complaint. Plaintiff(s) refer(s) to and 

27 incorporate(s) herein by reference that Master Complaint filed on behalf oflndividual Plaintiffs in 

28 • 1 . JCCP 4955 

SHORT FORM COMPLAINT OF JEREMY OLSAN, ANN DUBAY, BURTON FOHRMAN, RALEIGH 

FOHRMAN, THE FOHRMAN FAMILY TRUST DATED FEBRUARY 3, 1976 AND THE JEREMY L. OLSAN AND 

ANN M. DUBAY TRUST DATED NOVEMBER 29,200 l Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 41

of 54
1 the CALIFORNIA NORTH BAY FIRE CASES, Judicial Council Coordinated Proceeding No. 

2 4955, as though fully set forth herein. Plaintiff(s) hereby adopt(s) the Master Complaint and 

3 agree(s) to be bound by any rulings with respect to the pleadings. 

4 

5 

2. 

3. 

Plaintiff(s) adopt(s) each of the general allegations of the Master Complaint. 

Plaintiff( s) incorporate( s) by reference each of the causes of action in the Master 

6 Complaint checked below against those Defendants named in that cause of action: 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

~ First Cause of Action for Negligence 

D Second Cause of Action for Wrongful Death 

D Third Cause of Action for Survival Action 

~ Fourth Cause of Action for Inverse Condemnation 

~ Fifth Cause of Action for Public Nuisance 

~ Sixth Cause of Action for Private Nuisance 

~ Seventh Cause of Action for Premises Liability 

~ Eighth Cause of Action for Trespass 

~ Ninth Cause of Action for Private Action Under Public Utilities Code § 2106 

~ Tenth Cause of Action for Violation of Health & Safety Code§ 13007 

~ Eleventh Cause of Action for Negligent Infliction of Emotional Distress 

4. Plaintiff(s) respectfully reserve(s) the right to seek transfer or remand of the trial of 

19 this action to the County of Sonoma, Napa, or another appropriate venue. 

20 

21 

ADDRESSES OF ALL AFFECTED PROPERTIES 

Plaintiff(s) allege(s) the following properties have been impacted by the CALIFORNIA 

22 NORTH BAY FIRES for which Plaintiff(s) seeks recovery: 6200 and 6210 Heights Road, Santa 

23 Rosa, California 95404, County of Sonoma, APN: 079-100-005-000. 

24 

25 

26 

27 

SPECIFY WHETHER PLAINTIFF(S) ARE: 

Insured by State Farm 

Uninsured 

Owner of real property 

28 - 2 - JCCP 4955 

SHORT FORM COMPLAINT OF JEREMY OLSAN, ANN DUBAY BURTON FOHRMAN, RALEIGH FOHRMAN, 

THE FOHRMAN FAMILY TRUST DATED FEBRUARY 3, 1976 AND THE JEREMY L. OLSAN AND ANN M. 

DUBAY TRUST DATED NOVEMBER 29, 2001 Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 42

of 54
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181 

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Renter of real property 

Business owner 

Employee 

Other [Please indicate] 

CALIFORNIA NORTH BAY FIRE THAT IMPACTED PLAINTIFF(S): 

Atlas Fire (Master Complaint 11 80-86) 

Cascade/LaPorte Fire (Master Complaint 1187-91) 

Cherokee Fire (Master Complaint 1~ 92-93) 

Honey Fire (Master Complaint 11 94-95) 

Lobo Fire (Master Complaint 11 96-97) 

Maacama or No Name Fire (Master Complaint 11 98-99) 

Mccourtney Fire (Master Complaint 11 100-101) 

Nuns Fire (Master Complaint 1~ 102-109) 

Pocket Fire (Master Complaint 11 110-111) 

Point Fire (Master Complaint 11112-113) 

Redwood Valley/ Potter Fires (Master Complaint 11114-116) 

Sullivan Fire (Master Complaint 11 117-119) 

Sulphur Fire (Master Complaint 11 120-122) 

Tubbs Fire (Master Complaint 11123-127) 

Highway 37 Fire (Master Complaint 'i['i[ 128-129) 

Other Ignition Point [Describe in Additional Allegations Section below, p. 7] 

PLAINTIFFS SUFFERED DAMAGE IN THE FOLLOWING WAY: 

Wrongful death and survival 

Personal injury 

Emotional distress (including but not limited to presence in zone of danger) and/or 

bystander claims) 

28 - 3 - JCCP 4955 

SHORT FORM COMPLAINT OF JEREMY OLSAN, ANN DUBAY, BURTON FOHRMAN, RALEIGH FOHRMAN, 

THE FOHRMAN FAMILY TRUST DATED FEBRUARY 3, 1976 AND THE JEREMY L. OLSAN AND ANN M. 

DUBAY TRUST DATED NOVEMBER 29, 200 I Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 43

of 54
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Mental a~guish (including but not limited to loss of use and enjoyment of property 

under nmsance) 

Residence destroyed 

Residence damaged 

Other structures destroyed 

Other structures damaged 

Real property improvements (fences, roads, well, septic system, etc.) destroyed 

Real property improvements (fences, roads, well, septic system, etc.) damaged 

Personal property damage 

Damage to trees 

Diminution in value of real property 

Damage to crops 

Damage to business equipment 

Damage to business goodwill or brand 

Loss of use of business property 

Loss of future profits 

Loss or reduction of future insurance benefits due to lower crop yield in 2017 

Harm to pets or livestock 

Employment-related damages 

DAMAGES ALLEGED: 

AS AGAINST ALL DEFENDANTS for Inverse Condemnation, all according to proof, 

for: 

Diminution in real property and/or personal property value, cost of repairs, loss of 

use of the property, loss of rent, loss of profits, loss of prospective profits, increased 

operating expenses, and/or all other detriment proximately caused by the harm to 

Plaintiffs' property; 

All costs of suit, including reasonable attorneys' fees, appraisal fees, engineering 

fees, other expert fees, and related costs; 

Prejudgment interest; 

For such other and further relief as the Court shall deem just and proper. 

28 - 4 - JCCP 4955 

SHORT FORM COMPLAINT OF JEREMY OLSAN, ANN DUBAY, BURTON FOHRMAN, RALEIGH FOHRMAN, THE FOHRMAN FAMILY TRUST DATED FEBRUARY 3, 1976 AND THE JEREMY L. OLSAN AND ANN M. 

DUBAY TRUST DATED NOVEMBER 29, 2001 Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 44

of 54
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AS AGAINST ALL DEFENDANTS for Wrongful Death and Survival Action, all 

according to proof, for: 

D 

D 

D 

D 

D 

D 

D 

D 

D 

Loss of love, society, solace, companionship, comfort, care, assistance, protection, 

affection, and moral support from Decedent/s; 

Funeral and burial expenses, and related medical expenses; 

Economic loss, including but not limited to the loss of financial support and/or the 

loss of household services; 

Recovery of Decedent/s' damages as allowed under Code of Civil Procedure § 

377.30 under the causes of action alleged in the Master Complaint for, inter alia, 

inverse condemnation, negligence, nuisance, premises liability, trespass, and 

violations of statutes and regulations; 

Expenses for the identification and/or removal ofDecedent/s' remains and other 

medical and/or emergency services; 

Punitive and exemplary damages as allowed under Civil Code § 3294; 

All costs of suit; 

Prejudgment interest; and 

For such other and further relief as the Court shall deem just and proper. 

AS AGAINST ALL DEFENDANTS for Negligence, Public Nuisance, Private Nuisance, 

Premises Liability, Trespass, Private Action Under Public Utilities Code§ 2106, and 

Violation of Health & Safety Code § 13007, all according to proof, for: 

D 

' 181 

Repair, diminution in value, and/or replacement of damaged, destroyed, and/or lost 

personal and/or real property; 

Loss of use, income, wages, earning capacity, goodwill, profits or proceeds, 

increased operating expenses, and/or all other detriment proximately caused by the 

harm to Plaintiffs' business property or concerns; 

Lost wages and/or earning capacity; 

Additional living expenses, and/or other related displacement expenses; 

Past and future medical expenses and incidental expenses; 

General damages for fear, worry, annoyance, disturbance, inconvenience, mental 

anguish, emotional distress, loss of the use, benefit, goodwill, and quiet enjoyment of 

property, and personal injury; 

An order enjoining continued violation of: (a) Public Resources Code§§ 4292, 

4293, and 4295; (b) Public Utilities Code§ 451; (c) Public Utilities Commission 

General Order 95, Rules 31.1-31.5, 35, 38, 43, 43.2, 44.1-44.4, 48-41.1; and (d) 

Public Utilities Commission General Order 165; 

28 - 5 - JCCP 4955 

SHORT FORM COMPLAINT OF JEREMY OLSAN, ANN DuBAY,1 BURTON FOHRMAN, RALEIGH FOHRMAN, 

THE FOHRMAN FAMILY TRUST DATED FEBRUARY 3, 1970 AND THE JEREMY L. OLSAN AND ANN M. Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 45 DUBAY TRUST DATED NOVEMBER 29, 2001 

of 54
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An order to abate the existing and continuing nuisances caused by the California 

North Bay Fires; 

Treble damages for wrongful injuries to timber, trees, or underwood as allowed 

under Civil Code § 3346; 

Treble damages for injuries to trees as allowed under Code of Civil Procedure § 

733; 

Exemplary damages as allowed under Civil Code§ 3294; 

Exemplary damages for wrongful injuries to animals as allowed under Civil Code § 

3340; 

Exemplary damages as allowed under Public Utilities Code § 2106; 

Attorneys' fees, expert fees, consultant fees, and litigation costs and expenses as 

allowed under Code of Civil Procedure§ 1021.9; 

All costs of suit; 

Prejudgment interest; and 

181 For such other and further relief as the Court shall deem just and proper. 

ADDITIONAL ALLEGATIONS, IF ANY 

(Plaintiff-Specific, not Addressed by Master Complaint) 

28 - 6 - JCCP 4955 

SHORT FORM COMPLAINT OF JEREMY OLSAN, ANN DUBAY, BURTON FOHRMAN, RALElGH FOHRMAN, 

THE FOHRMAN FAMILY TRUST DATED FEBRUARY 3, 1976 AND THE JEREMY L. OLSAN AND ANN M. 

DUBAY TRUST DATED NOVEMBER 29, 200 l Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 46

of 54
DEMAND FOR JURY TRIAL 

2 PLAINTIFF(S) hereby demand(s) a trial by jury as to all claims in this action. 

3 DATED: J .,(11, L 

4 

, 2018 

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By 

M GIIAEL D. GREEN 

BRENDAN M. KUNK E 

SCOTTR.MONTGOMERY 

Attorneys for Plaintiffs 

28 - 7 - JCCP 4955 

SHORT FORM COMPLAINT OF JEREMY OLSAN, ANN DUBAY, BURTON FOHRMAN, RALEIGH FOHRMAN, 

THE FOI-IRMAN FAMILY TRUST DATED FEBRUARY 3. 1976 AND THE JEREMY L. OLSAN AND ANN M. 

DUBAY TRUST DATED NOVEMBER 29, 2001 Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 47

of 54
1 BRENDAN M. KUNKLE (SBN 173292) 

2 bkunkle@abbeylaw.com 

MICHAEL D. GREEN (SBN 214142) 

3 mgreen@abbeylaw.com 

SCOTT R. MONTGOMERY (SBN 278060) 

4 smontgomery@abbeylaw.com 

5 ABBEY, WEITZENBERG, WARREN & EMERY, PC 

100 Stony Point Rd, Suite 200 

Santa Rosa, CA 95401 6 Telephone: (707) 542-5050 Fax: (707) 542-2589 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

Attorneys for Plaintiff(s) 

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

COUNTY OF SAN FRANCISCO 

COORDINATION PROCEEDING JCCP4955 

Special Title (California Rule of Court 3.550) 

18 INDMOUAL PLAINTIFF'S SHORT 

FORM COMPLAINT 

19 CALIFORNIA NORTH BAY FIRES 

20 WILLIAM EDELEN, ROXANNE EDELEN and 

THE WILLIAM L. EDELEN AND ROXANNE 21 G. EDELEN TRUST AGREEMENT DATED 

22 JUNE 22, 2001, 

23 

Plaintiff/s 

v. 

24 PACIFIC GAS AND ELECTRIC COMP ANY, 

PG&E CORPORATION, AND DOES 1 

25 THROUGH 20, 

26 

27 

28 

Defendants. 

TUBBS-A WWE-0035 

JCCP4955 

SHORT FORM COMPLAINT OF WILLIAM EDELEN, ROXANNE EDELEN AND THE WILLIAM L. EDELEN Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 48 AND ROXANNE G. EDELEN TRUST AGREEMENT DA TED JUNE 22, 200 l 

of 54
1 Pl,lrsuant to Case Management Order No. 1, Plaintiff(s) hereby submit(s) this Short Form 

2 Complaint ("SFC") against Defendants identified below, and hereby adopt(s) and incorporate(s) 

3 by reference as set forth in Plaintiffs' most recent Master Complaint filed in this matter on March 

4 12, 2018, and any and all later amendments thereto. 

5 PLAINTIFF WILLIAM EDELEN an individual was damaged by the North Bay Fires as 

6 set forth below and makes the claims set forth below. 

7 PLAINTIFF WILLIAM EDELEN as trustee of THE WILLIAM L. EDELEN AND 

8 ROXANNE G. EDELEN TRUST AGREEMENT DATED JUNE 22, 2001 was damaged by the 

9 North Bay Fires as set forth below and makes the claims set forth below. 

10 PLAINTIFF ROXANNE EDELEN an individual was damaged by the North Bay Fires as 

11 set forth below and makes the claims set forth below. 

12 PLAINTIFF ROXANNE EDELEN as trustee of THE WILLIAM L. EDELEN AND 

13 ROXANNE G. EDELEN TRUST AGREEMENT DATED JUNE 22, 2001 was damaged by the 

14 North Bay Fires as set forth below and makes the claims set forth below. 

15 PLAINTIFFS COMPLAIN OF EACH DEFENDANT AS FOLLOWS: 

16 1. Notice of Adoption of the Master Complaint. Plaintiff(s) refer(s) to and 

17 incorporate( s) herein by reference that Master Complaint filed on behalf of Individual Plaintiffs in 

18 the CALIFORNIA NORTH BAY FIRE CASES, Judicial Council Coordinated Proceeding No. 

l9 4955, as though fully set forth herein. Plaintiff(s) hereby adopt(s) the Master Complaint and 

20 agree(s) to be bound by any rulings with respect to the pleadings. 

21 

22 

2. 

3. 

Plaintiff(s) adopt(s) each of the general allegations of the Master Complaint. 

Plaintiff(s) incorporate(s) by reference each of the causes of action in the Master 

23 Complaint checked below against those Defendants named in that cause of action: 

24 

25 

26 

27 

28 

181 

D 

D 

181 

First Cause of Action for Negligence 

Second Cause of Action for Wrongful Death 

Third Cause of Action for Survival Action 

Fourth Cause of Action for Inverse Condemnation 

- 1 - JCCP 4955 

SHORT FORM COMPLAINT OF WILLIAM EDELEN, ROXANNE EDELEN AND THE WILLIAM L. EDELEN 

AND ROXANNE G. EDELEN TRUST AGREEMENT DATED JUNE 22, 2001 Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 49

of 54
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181 Fifth Cause of Action for Public Nuisance 

181 Sixth Cause of Action for Private Nuisance 

181 Seventh Cause of Action for Premises Liability 

IZI Eighth Cause of Action for Trespass 

IZI Ninth Cause of Action for Private Action Under Public Utilities Code§ 2106 

181 Tenth Cause of Action for Violation of Health & Safety Code§ 13007 

181 Eleventh Cause of Action for Negligent Infliction of Emotional Distress 

4. Plaintiff(s) respectfully reserve(s) the right to seek transfer or remand of the trial of 

9 this action to the County of Sonoma, Napa, or another appropriate venue. 

10 

11 

ADDRESSES OF ALL AFFECTED PROPERTIES 

Plaintiff(s) allege(s) the following properties have been impacted by the CALIFORNIA 

12 NORTH BAY FIRES for which Plaintiff(s) seeks recovery: 3927 Rincon Ridge Drive, Santa 

13 Rosa, California 95404, County of Sonoma, APN: 173-490-006-000. 

14 

15 

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18 

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22 

23 

24 

25 

26 

27 

28 

181 

D 

IZI 

D 

D 

D 

D 

D 

D 

D 

D 

D 

SPECIFY WHETHER PLAINTIFF(S) ARE: 

Insured by USAA 

Uninsured 

Owner of real property 

Renter of real property 

Business owner 

Employee 

Other [Please indicate] 

CALIFORNIA NORTH BAY FIRE THAT IMPACTED PLAINTIFF(S): 

Atlas Fire (Master Complaint~ 80-86) 

Cascade/LaPorte Fire (Master Complaint ,i,i 87-91) 

Cherokee Fire (Master Complaint ,i,i 92-93) 

Honey Fire (Master Complaint ,i,i 94-95) 

Lobo Fire (Master Complaint ,i,i 96-97) 

- 2 - JCCP 4955 

SHORT FORM COMPLAINT OF WILLIAM EDELEN. ROXANNE EDELEN AND THE WILLIAM L. EDELEN 

AND ROXANNE G. EDELEN TRUST AGREEMENT DATED JUNE 22, 2001 Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 50

of 54
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D 

D 

D 

D 

D 

D 

D 

D 

IZI 

D 

D 

D 

IZI 

Maacama or No Name Fire (Master Complaint ,i,i 98-99) 

McCourtney Fire (Master Complaint ,i,i 100-101) 

Nuns Fire (Master Complaint ,i,i 102-109) 

Pocket Fire (Master Complaint ,i,i 110-111) 

Point Fire (Master Complaint ,i,r 112-113) 

Redwood Valley/ Potter Fires (Master Complaint ,i,i 114-116) 

Sullivan Fire (Master Complaint ,i,r 117-119) 

Sulphur Fire (Master Complaint il1120-122) 

Tubbs Fire (Master Complaint ,r,r 123-127) 

Highway 37 Fire (Master Complaint ,i,r 128-129) 

Other Ignition Point [Describe in Additional Allegations Section below, p. 7] 

PLAINTIFFS SUFFERED DAMAGE IN THE FOLLOWING WAY: 

Wrongful death and survival 

Personal injury 

Emotional distress (including but not limited to presence in zone of danger) and/or 

bystander claims) 

Mental anguish (including but not limited to loss of use and enjoyment of property 

under nuisance) 

Residence destroyed 

Residence damaged 

Other structures destroyed 

Other structures damaged 

Real property improvements (fences, roads, well, septic system, etc.) destroyed 

Real property improvements (fences, roads, well, septic system, etc.) damaged 

Personal property damage 

Damage to trees 

Diminution in value of real property 

- 3 - JCCP 4955 

SHORT FORM COMPLAINT OF WILLIAM EDELEN, ROXANNE EDELEN AND THE WILLIAM L. EDELEN 

AND ROXANNE G. EDELEN TRUST AGREEMENT DATED JUNE 22, 2001 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 51

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0 

0 

0 

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0 

0 

D 

Damage to crops 

Damage to business equipment 

Damage to business goodwill or brand 

Loss of use of business property 

Loss of future profits 

Loss or reduction of future insurance benefits due to lower crop yield in 2017 

Harm to pets or livestock 

Employment-related damages 

DAMAGES ALLEGED: 

AS AGAINST ALL DEFENDANTS for Inverse Condemnation, all according to proof, 

for: 

Diminution in real property and/or personal property value, cost of repairs, loss of 

use of the property, loss of rent, loss of profits, loss of prospective profits, increased 

operating expenses, and/or all other detriment proximately caused by the harm to 

Plaintiffs' property; 

All costs of suit, including reasonable attorneys' fees, appraisal fees, engineering 

fees, other expert fees, and related costs; 

Prejudgment interest; 

For such other and further relief as the Court shall deem just and proper. 

AS AGAINST ALL DEFENDANTS for Wrongful Death and Survival Action, all 

according to proof, for: 

D 

D 

D 

D 

D 

D 

D 

Loss of love, society, solace, companionship, comfort, care, assistance, protection, 

affection, and moral support from Decedent/s; 

Funeral and burial expenses, and related medical expenses; 

Economic loss, including but not limited to the loss of financial support and/or the 

loss of household services; 

Recovery of Decedent/s' damages as allowed under Code of Civil Procedure § 

377.30 under the causes of action alleged in the Master Complaint for, inter alia, 

inverse condemnation, negligence, nuisance, premises liability, trespass, and 

violations of statutes and regulations; 

Expenses for the identification and/or removal of Decedent/s' remains and other 

medical and/or emergency services; 

Punitive and exemplary damages as allowed under Civil Code § 3294; 

All costs of suit; 

- 4 - JCCP 4955 

SHORT FORM COMPLAINT OF WILLIAM EDELEN, ROXANNE EDELEN AND THE WILLIAM L. EDELEN 

AND ROXANNE G. EDELEN TRUST AGREEMENT DATED JUNE 22,200 I Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 52

of 54
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Prejudgment interest; and 

For such other and further relief as the Court shall deem just and proper. 

AS AGAINST ALL DEFENDANTS for Negligence, Public Nuisance, Private Nuisance, 

Premises Liability, Trespass, Private Action Under Public Utilities Code§ 2106, and 

Violation of Health & Safety Code§ 13007, all according to proof, for: 

0 

0 

Repair, diminution in value, and/or replacement of damaged, destroyed, and/or lost 

personal and/or real property; 

Loss of use, income, wages, earning capacity, goodwill, profits or proceeds, 

increased operating expenses, and/or all other detriment proximately caused by the 

harm to Plaintiffs' business property or concerns; 

Lost wages and/or earning capacity; 

Additional living expenses, and/or other related displacement expenses; 

Past and future medical expenses and incidental expenses; 

General damages for fear, worry, annoyance, disturbance, inconvenience, mental 

anguish, emotional distress, loss of the use, benefit, goodwill, and quiet enjoyment of 

property, and personal injury; 

An order enjoining continued violation of: (a) Public Resources Code§§ 4292, 

4293, and 4295; (b) Public Utilities Code§ 451; (c) Public Utilities Commission 

General Order 95, Rules 31.1-31.5, 35, 38, 43, 43.2, 44.1-44.4, 48-41.1; and (d) 

Public Utilities Commission General Order 165; 

An order to abate the existing and continuing nuisances caused by the California 

North Bay Fires; 

Treble damages for wrongful injuries to timber, trees, or underwood as allowed 

under Civil Code§ 3346; 

Treble damages for injuries to trees as allowed under Code of Civil Procedure § 

733; 

Exemplary damages as allowed under Civil Code§ 3294; 

Exemplary damages for wrongful injuries to animals as allowed under Civil Code § 

3340; 

Exemplary damages as allowed under Public Utilities Code § 2106; 

Attorneys' fees, expert fees, consultant fees, and litigation costs and expenses as 

allowed under Code of Civil Procedure§ 1021.9; 

All costs of suit; 

Prejudgment interest; and 

~ For such other and further relief as the Court shall deem just and proper. 

- 5 - JCCP 4955 

SHORT FORM COMPLAINT OF WILLIAM EDELEN, ROXANNE EDELEN AND THE WILLIAM L. EDELEN 

AND ROXANNE G. EDELEN TRUST AGREEMENT DATED JUNE 22, 200 I Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 53

of 54
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ADDITIONAL ALLEGATIONS, IF ANY 

(Plaintiff-Specific, not Addressed by Master Complaint) 

DEMAND FOR JURY TRIAL 

PLAINTIFF(S) hereby demand(s) a trial by jury as to all claims in this action. 

:: DATED: j V\ 17 f_ ') , 2018 ABBEY, EITZENBERG, WARREN & EMERY PC 

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By 

MI -IAEL D. GREEN 

BRENDAN M. KUNKLE 

SCOTT R. MONTGOMERY 

Attorneys for Plaintiffs 

- 6 - JCCP 4955 

SHORT FORM COMPLAINT OF WILLIAM EDELEN, ROXANNE EDELEN AND THE WILLIAM L. EDELEN 

AND ROXANNE G. EDELEN TRUST AGREEMENT DATED JUNE 22, 2001 

Case: 19-30088 Doc# 2904-6 Filed: 07/09/19 Entered: 07/09/19 12:59:18 Page 54

of 54