agents responsible for maintenance and inspection of the distribution lines and/or vegetation areas 

2 nearby these lines. 

3 197. As a direct and legal result of DEFENDANTS' actions and/or omissions, and/or 

4 each of them, PLAINTIFFS were injured in their health, strength, and/or activity in an amount 

5 according to proof at trial. 

6 198. As a further direct and legal result of the premises, PLAINTIFFS were required to 

7 and/or continue to employ physicians and other healthcare providers to examine, treat, and/or care 

8 for their injuries. PLAINTIFFS have incurred, and will continue to incur, medical and/or 

9 incidental expenses in an amount according to proof at trial. 

10 199. As a further direct and legal result of the premises, PLAINTIFFS have suffered 

11 and/or continue to suffer great mental pain and suffering, including worry, emotional distress, 

12 humiliation, embarrassment, anguish, anxiety, and/or nervousness. PLAINTIFFS are informed 

13 and believe, and upon such information and belief allege, that such injuries have resulted in 

14 debilitating injuries in an amount according to proof at trial. 

15 200. As a further direct and legal result of the premises, PLAINTIFFS have suffered a 

16 loss of income, loss of earning capacity, loss of profits, increased expenses due to displacement, 

17 and/or other consequential economic losses in an amount according to proof at trial. 

18 201. As a further direct and legal result of DEFENDANTS' actions and/or omissions, 

19 and/or each of them, PLAINTIFFS have suffered damage to real property, including the loss of 

20 vegetation, trees, and structures, the creation of hydrophobic soil conditions, and a loss of use, 

21 benefit, goodwill, diminution in value, and/or enjoyment of such property in an amount according 

22 to proof at trial. 

23 202. As a further direct and legal result of DEFENDANTS' actions and/or omissions, 

24 and/or each of them, PLAINTIFFS have suffered damage to and/or a loss of personal property, 

25 including but not limited to items of peculiar value to PLAINTIFFS, in an amount according to 

26 proof at trial. 

27 203. As a further direct and legal result of DEFENDANTS' actions and/or omissions, 

28 and/or each of them, PLAINTIFFS have incurred and will continue to incur expenses and other 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 53 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 1

of 19
economic damages related to the damage to their property, including costs relating to storage, 

2 clean-up, disposal, repair, depreciation, and/or replacement of their property, and/or other related 

3 consequential damages in an amount according to proof at trial. 

4 204. PG&E has a virtual monopoly over the transmission and distribution of electrical 

5 power to the areas affected by the North Bay Fires and has individual contracts with all residents 

6 and businesses in those areas to whom it distributes that electrical power. The communities 

7 affected by the North Bay Fires are all dependent upon the safe transmission and distribution of 

8 that electrical power for continuous residential and commercial usage, and PG&E has contractual, 

9 statutory, and public duties to provide that electrical power in a manner that promotes those 

10 individual and public interests. 

11 205. The potential harms to PLAINTIFFS from wildfires such as the North Bay Fires 

12 were objectively foreseeable both in nature and in scope and were subjectively known to PG&E 

13 from its long and tragic history of causing such wildfires. 

14 206. As set forth above and as will be shown by proof, there is a high degree of certainty 

15 that PLAINTIFFS have suffered those injuries and damages, and that there is an extremely close 

16 connection between those injuries and damages and DEFENDANTS' conduct. A high degree of 

17 moral blame is attached to DEFENDANTS' conduct, and the policy of preventing future harm 

18 justifies both the recognition of the existence of a duty of care owed by DEFENDANTS to all 

19 PLAINTIFFS and the imposition of all damages described above. 

20 207. Based on the foregoing, DEFENDANTS, and/or each of them, acted willfully, 

21 wantonly, with oppression, fraud, malice, and/or with a knowing, conscious disregard for the rights 

22 and/or safety of others, such the PLAINTIFFS request that the trier of fact, in the exercise of 

23 sound discretion, award PLAINTIFFS additional damages pursuant to Code of Civil Procedure § 

24 3294 for the sake of example and sufficient to punish the DEFENDANTS, and/or each of them, 

25 for their despicable conduct, in an amount reasonably related to PLAINTIFFS' actual damages 

26 and DEFENDANTS' financial condition, yet sufficiently large enough to be an example to others 

27 and to deter DEFENDANTS and others from engaging in similar conduct in the future. 

28 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 54 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 2

of 19
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

208. As a further direct and legal result of the conduct of DEFENDANTS, 

PLAINTIFFS seek exemplary damages for injuries to PLAINTIFFS' animals as allowed under 

Code of Civil Procedure § 3340. 

SECOND CAUSE OF ACTION 

WRONGFUL DEATH 

(Against All Defendants) 

209. PLAINTIFFS incorporate and re-allege each of the paragraphs set forth above as 

though fully set forth herein. 

210. As a direct and legal result of DEFENDANTS' actions and/or omissions, and/or 

each of them, at least 44 people died in or from the North Bay Fires ("DECEDENTS"). 

211. As a further direct and legal result of DEFENDANTS' actions and/or omissions, 

and/or each of them, PLAINTIFFS suffered and continue to suffer the loss oflove, society, solace, 

companionship, comfort, care, assistance, protection, affection, and/or moral support from 

DECEDENTS in an amount to be detennined at trial. 

212. As a further direct and legal result of DEFENDANTS' actions and/or omissions, 

and/or each of them, PLAINTIFFS incurred funeral and/or burial expenses and/or related medical 

expenses in an amount according to proof at trial. 

213. As a further direct and legal result of DEFENDANTS' actions and/or omissions, 

and/or each of them, PLAINTIFFS suffered economic losses, including but not limited to the loss 

of financial support, and/or the loss of household services in an amount according to proof of trial. 

THIRD CAUSE OF ACTION 

SURVIVAL ACTION 

(Against All Defendants) 

214. PLAINTIFFS incorporate and re-allege each of the paragraphs set forth above as 

though fully set forth herein. 

215. Prior to DECEDENTS' death, this cause of action arose in their favor. Since 

DECEDENTS' death, PLAINTIFFS have served as representatives for DECEDENTS' estates 

and are authorized as successors in interest with respect to their interest in the property that was 

damaged, lost, and/or destroyed in the North Bay Fires, to pursue any and all legal claims for 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 55 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 3

of 19
damages relevant thereto, and/or to recover damages for expenses incurred related to medical 

2 and/or emergency services related to the fires. 

3 216. As set forth above, the North Bay Fires were a direct and legal result of the 

4 negligence, carelessness, recklessness, and/or unlawfulness of DEFENDANTS, and/or each of 

5 them. 

6 217. As a direct and legal result ofDEFENDANTS' actions and/or omissions, and/or 

7 each of them, immediately prior to DECEDENTS' death, DECEDENTS suffered personal 

8 injuries, great pain and suffering, and/or damage to their real and/or personal property. Had they 

9 survived, DECEDENTS would have been entitled to recover all such damages allowed under 

I 0 Code of Civil Procedure § 377.30 under the causes of action alleged in this Master Complaint for, 

11 inter alia, inverse condemnation, negligence, negligent infliction of emotional distress, private 

12 nuisance, public nuisance, premises liability, trespass, and/or violations of statutes and regulations. 

13 218. As a further direct and legal result of DEFENDANTS' actions and/or omissions, 

14 and/or each of them, expenses were incurred for the identification and/or removal of 

15 DECEDENTS' remains and other medical and/or emergency services related to the North Bay 

16 Fires. 

17 219. As a further direct and legal result of the wrongful acts and/or omissions of 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

DEFENDANTS, and/or each of them, PLAINTIFFS seek the recovery of punitive and exemplary 

damages against DEFENDANTS as set forth above. 

FOURTH CAUSE OF ACTION 

INVERSE CONDEMNATION 

(Against All Defendants) 

220. PLAINTIFFS incorporate and re-allege each of the paragraphs set forth above as 

though fully set forth herein. 

221. On or around October 8 or 9, 2017, PLAINTIFFS were owners of real property 

and/or personal property located within Butte, Calaveras, Lake, Mendocino, Napa, Nevada, 

Solano, Sonoma, and/or Yuba Counties in the area of the North Bay Fires. 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 56 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 4

of 19
222. Prior to and on October 8 or 9, 2017, DEFENDANTS, and/or each of them, 

2 installed, owned, operated, used, controlled, and/or maintained power lines and other electrical 

3 equipment for the public delivery of electricity, including power lines in and around the location 

4 of the North Bay Fires. 

5 223. On or around October 8 or 9, 2017, as a direct, necessary, and legal result of 

6 DEFENDANTS' installation, ownership, operation, use, control, management, and/or 

7 maintenance for a public use the power lines and/or other electrical equipment, the power lines 

8 and/or other electrical equipment came in contact with vegetation and/or broke, failed, fell down, 

9 sparked, and/or exploded, causing wildfires that burned thousands of acres, including property 

10 owned or occupied by PLAINTIFFS. The fires damaged and/or destroyed PLAINTIFFS' real 

11 and/or personal property. 

12 224. The above described damage to PLAINTIFFS' property was legally and 

13 substantially caused by the actions of DEFENDANTS, and/or each of them, in their installation, 

14 ownership, operation, use, control, management, and/or maintenance of the power lines and other 

15 electrical equipment for a public use. PG&E is a privately owned public utility which enjoys a 

16 state-protected monopoly or quasi-monopoly derived from its exclusive franchise provided by the 

17 State of California, is more akin to a governmental entity than a purely private entity, and runs its 

18 utility affairs like a governmental entity. PG&E's monopoly is guaranteed and safeguarded by 

19 the CPUC, which possesses the power to refuse to issue certificates of public convenience and 

20 necessity to permit potential competition to enter the market. The policy justifications underlying 

21 inverse condemnation liability are that individual property owners should not have to contribute 

22 disproportionately to the risks from public improvements made to benefit the community as a 

23 whole. Under the rules and regulations set forth by the CPUC, amounts that DEFENDANTS must 

24 pay in inverse condemnation can be included in their rates and spread among the entire group of 

25 rate payers so long as they are otherwise acting as a reasonable and prudent manager of their 

26 electric distribution systems. 

27 

28 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 57 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 5

of 19
225. PLAINTIFFS have not received adequate compensation for the damage to and/or 

2 destruction of their property, thus constituting a taking or damaging of PLAINTIFFS' property 

3 by DEFENDANTS, and/or each of them, without just compensation. 

4 226. As a direct and legal result of the actions and/or omissions of the DEFENDANTS, 

5 PLAINTIFFS suffered damages to their real and/or personal property, including loss of use, 

6 interference with access, and/or diminution in value and/or marketability in an amount according 

7 to proof at trial. 

8 227. As a direct and legal result of the actions and/or omissions of the DEFENDANTS, 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

PLAINTIFFS have incurred and will continue to incur costs, disbursements, and/or expenses, 

including reasonable attorney, appraisal, engineering, and/or other expert fees due to the conduct 

of the DEFENDANTS in amounts that cannot yet be ascertained, but which are recoverable 

pursuant to Code of Civil Procedure § 1036. 

FIFTH CAUSE OF ACTION 

PUBLIC NUISANCE 

(Against All Defendants) 

228. PLAINTIFFS incorporate and re-allege by this reference each of the paragraphs 

set forth as though fully set forth herein. 

229. PLAINTIFFS own and/or occupy property at or near the site of the fire which is 

the subject of this action. At all relevant times herein, PLAINTIFFS had a right to occupy, enjoy, 

and/or use their property without interference by DEFENDANTS, and/or each of them. 

230. DEFENDANTS, and/or each of them, owed a duty to the public, including 

PLAINTIFFS herein, to conduct their business, in particular the maintenance and/or operation of 

power lines, power poles, and/or electrical equipment on power poles, and adjacent vegetation in 

proximity to their power lines in and around Butte, Calaveras, Lake, Mendocino, Napa, Nevada, 

Solano, Sonoma, and/or Yuba Counties in a manner that did not threaten harm or injury to the 

public welfare from operation of those power lines. 

231. DEFENDANTS, and/or each of them, by acting and/or failing to act, as alleged 

hereinabove, created a condition which was harmful to the health of the public, including these 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 58 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 6

of 19
PLAINTIFFS, and which interfered with the comfortable occupancy, use, and/or enjoyment of 

2 PLAINTIFFS' property. 

3 232. PLAINTIFFS did not consent, expressly or impliedly, to the wrongful conduct of 

4 DEFENDANTS, and/or each of them, in acting in the manner set forth above. 

5 233. The hazardous conditions that were created by and/or permitted to exist by 

6 DEFENDANTS, and/or each of them, affected a substantial number of people within the general 

7 public, including PLAINTIFFS herein, and constituted a public nuisance under Civil Code §§ 

8 3479 and 3480 and Public Resources Code § 4171. Further, the ensuing uncontrolled wildfire 

9 constituted a public nuisance under Public Resources Code§ 4170. 

10 234. The damaging effects of DEFENDANTS' maintenance of a fire hazard and the 

11 ensuing uncontrolled wildfire are ongoing and affect the public at large. As a result of the fire's 

12 location, temperature, and/or duration, extensive areas of hydrophobic soils developed within the 

13 fire's perimeter. This further caused significant post fire runoffhazards to occur, including hillside 

14 erosion, debris flow hazards, sediment laden flow hazards, and hillside erosion. As a result, large 

15 quantities of ash and sediment will be deposited in perennial and ephemeral watercourses. 

16 235. As a direct and legal result ofthe conduct ofDEFENDANTS, and/or each of them, 

17 PLAINTIFFS suffered hann that is different from the type of harm suffered by the general public. 

18 Specifically, PLAINTIFFS have lost the occupancy, possession, use, and/or enjoyment of their 

19 land, real and/or personal property, including, but not limited to: (a) a reasonable and rational fear 

20 that the area is still dangerous; (b) a diminution in the fair market value of their property; (c) an 

21 impairment of the salability of their property; (d) soils that have become hydrophobic; (e) exposure 

22 to an array of toxic substances on their land; (f) the presence of "special waste" on their property 

23 that requires special management and disposal; and (g) a lingering smell of smoke, and/or constant 

24 soot, ash, and/or dust in the air. 

25 236. As a further direct and legal result of the conduct of DEFENDANTS, and/or each 

26 of them, PLAINTIFFS have suffered, and will continue to suffer, discomfort, anxiety, fear, 

27 worries, annoyance, and/or stress attendant to the interference with PLAINTIFFS' occupancy, 

28 possession, use and/or enjoyment of their property, as alleged above. 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 59 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 7

of 19
237. A reasonable, ordinary person would be reasonably annoyed or disturbed by the 

2 condition created by DEFENDANTS, and/or each of them, and the resulting fire. 

3 238. The conduct of DEFENDANTS, and/or each of them, is unreasonable and the 

4 seriousness of the harm to the public, including PLAINTIFFS herein, outweighs the social utility 

5 ofDEFENDANTS' conduct. 

6 239. The individual and/or collective conduct ofDEFENDANTS set forth above, and/or 

7 each of them, resulting in the North Bay Fires is not an isolated incident, but is ongoing and/or a 

8 repeated course of conduct, and DEFENDANTS' prior conduct and/or failures have resulted in 

9 other fires and damage to the public. 

10 240. The unreasonable conduct of DEFENDANTS, and/or each of them, is a direct and 

11 legal cause of the harm, injury, and/or damage to the public, including PLAINTIFFS herein. 

12 241. DEFENDANTS, and/or each of them, have individually and/or collectively, failed 

13 and refused to conduct proper inspections and to properly trim, prune, and/or cut vegetation in 

14 order to ensure the sole delivery of electricity to residents through the operation of power lines in 

15 the affected area, and DEFENDANTS' individual and/or collective failure to do so exposed every 

16 member of the public, residing in Butte, Calaveras, Lake, Mendocino, Napa, Nevada, Solano, 

17 Sonoma, and/or Yuba Counties, to a foreseeable danger of personal injury, death, and/or a loss of 

18 or destruction of real and personal property. 

19 242. The conduct ofDEFENDANTS, and/or each of them, set forth above constitutes a 

20 public nuisance within the meaning of Civil Code§§ 3479 and 3480, Public Resources Code§§ 

21 4104 and 4170, and Code of Civil Procedure § 731. Under Civil Code § 3493, PLAINTIFFS 

22 have standing to maintain an action for public nuisance because the nuisance is especially injurious 

23 to PLAINTIFFS because, as more specifically described above, it is injurious and/or offensive to 

24 the senses of the PLAINTIFFS, unreasonably interferes with the comfortable enjoyment of their 

25 properties, and/or unlawfully obstructs the free use, in the customary manner, of PLAINTIFFS' 

26 properties, and have suffered harm, injury, and/or damages. 

27 243. For these reasons, PLAINTIFFS seek a permanent injunction ordering that 

28 DEFENDANTS, and each of them, stop continued violation of: (a) General Order No. 95, Rules 

LAWOFPICES MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 60 

COTCHETT, PITRE & 

McCARTHY, LLP Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 8

of 19
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

31.1-31.5, 35, 38, 43, 43.2, 44.1-44.4, and 48-48.1; (b) General Order No. 165; (c) Public 

Resources Code§§ 4292, 4293, and 4435; and (d) Public Utilities Code§ 451. PLAINTIFFS 

also seek an order directing DEFENDANTS to abate the existing and continuing nuisance 

described above. 

SIXTH CAUSE OF ACTION 

PRIVATE NUISANCE 

(Against All Defendants) 

244. PLAINTIFFS incorporate and re-allege by this reference each of the paragraphs 

set forth as though fully set forth herein. 

245. DEFENDANTS, and/or each of them, by their acts and/or omissions set forth 

above, directly and legally caused an obstruction to the free use of PLAINTIFFS' property, an 

invasion the PLAINTIFFS' right to use their property, and/or an interference with the enjoyment 

of PLAINTIFFS' property, resulting in PLAINTIFFS suffering unreasonable harm and 

substantial actual damages constituting a nuisance pursuant to Civil Code § § 34 79 and 3481. 

246. As a direct and legal result of the wrongful acts and/or omissions of 

DEFENDANTS, and/or each of them, PLAINTIFFS suffered, and continue to suffer, the injuries 

and/or damages as set forth above. 

247. As a further direct and legal result of the wrongful acts and/or omissions of 

DEFENDANTS, and/or each of them, PLAINTIFFS seek the recovery of punitive and exemplary 

damages against DEFENDANTS as set forth above. 

SEVENTH CAUSE OF ACTION 

PREMISES LIABILITY 

(Against All Defendants) 

248. PLAINTIFFS incorporate and re-allege by this reference, each of the paragraphs 

set forth as though fully set forth herein. 

249. DEFENDANTS, and/or each of them, were the owners of an easement and/or real 

property in the area of the origins of the North Bay Fires, and/or were the owners of the power 

lines upon said easement(s) and/or right(s) of way. 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 61 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 9

of 19
250. DEFENDANTS, and/or each of them, acted wantonly, unlawfully, carelessly, 

2 recklessly, and/or negligently in failing to properly inspect, manage, maintain, and/or control the 

3 vegetation near its power lines along the real property and easement(s), allowing an unsafe 

4 condition presenting a foreseeable risk of fire danger to exist on said property. 

5 251. As a direct and legal result of the wrongful acts and/or omissions of 

6 DEFENDANTS, and/or each of them, PLAINTIFFS suffered, and continue to suffer, the injuries 

7 and/or damages as set forth above. 

8 252. As a further direct and legal result of the wrongful acts and/or omissions of 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

DEFENDANTS, and/or each of them, PLAINTIFFS seek the recovery of punitive and exemplary 

damages against DEFENDANTS as set forth above. 

EIGHTH CAUSE OF ACTION 

TRESPASS 

(Against All Defendants) 

253. PLAINTIFFS incorporate and re-allege by this reference each of the paragraphs 

set forth as though fully set forth herein. 

254. At all times relevant herein, PLAINTIFFS were the owners, tenants, and/or lawful 

occupants of property damaged by the North Bay Fires. 

255. DEFENDANTS, and/or each of them, in wrongfully acting and/or failing to act in 

the manner set forth above, caused the North Bay Fires to ignite and/or spread out of control, 

causing harm, damage, and/or injury to PLAINTIFFS herein, resulting in a trespass upon 

PLAINTIFFS property interests. 

256. PLAINTIFFS did not grant permission for DEFENDANTS to wrongfully act in 

a manner so as to cause the North Bay Fires, and thereby produce fires which spread and 

wrongfully entered upon their property, resulting in the harm, injury, and/or damage alleged above. 

257. As a direct and legal result of the wrongful conduct of DEFENDANTS, and/or 

each of them, which led to the trespass, PLAINTIFFS have suffered and will continue to suffer 

damages as set forth above, in an amount according to proof at trial. 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 62 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 10

of 19
258. As a further direct and legal result of the wrongful conduct of DEFENDANTS, 

2 PLAINTIFFS, whose land was under cultivation, and was used for raising livestock or was 

3 intended to be used for raising livestock, have hired and retained counsel to recover compensation 

4 for loss and damage and are entitled to recover all attorney's fees, expert fees, consultant fees, and 

5 litigation costs and expenses, as allowed under Code of Civil Procedure § 1021.9. 

6 259. As a further direct and legal result of the conduct of DEFENDANTS, 

7 PLAINTIFFS seek treble damages for injuries to trees or timber on PLAINTIFFS' property as 

8 allowed tmder Code of Civil Procedure § 733. 

9 260. As a further direct and legal result of the conduct of DEFENDANTS, 

10 PLAINTIFFS seek exemplary damages for injuries to PLAINTIFFS' animals as allowed under 

11 Code of Civil Procedure § 3340. 

12 261. As a further direct and legal result of the conduct of DEFENDANTS, 

13 PLAINTIFFS seek double or treble damages for the negligent, willful, and wrongful injuries to 

14 timber, trees, or underwood on their property, as allowed under Civil Code § 3346. 

15 262. As a further direct and legal result of the wrongful acts andJor omissions of 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

DEFENDANTS, andJor each of them, PLAINTIFFS seek the recovery of punitive and exemplary 

damages against DEFENDANTS as set forth above. 

NINTH CAUSE OF ACTION 

PRIVATE ACTION UNDER PUBLIC UTILITIES CODE§ 2106 

(Against All Defendants) 

263. PLAINTIFFS incorporate and re-allege each of the paragraphs set forth above as 

though fully set forth herein. 

264. Public Utilities Code § 2106 creates a private right of action against "[a]ny public 

utility which does, causes to be done, or permits any act, matter, or thing prohibited or declared 

unlawful, or which omits to do any act, matter, or thing required to be done, either by the 

Constitution, any law of this State, or any order or decision of the commission .... " 

265. As a Public Utility, DEFENDANTS at all times herein had a duty to properly 

design, construct, operate, maintain, inspect, and manage its electrical infrastructure as well as trim 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 63 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 11

of 19
trees and vegetation in compliance with all relevant provisions of applicable orders, decisions, 

2 directions, rules or statutes, including, but not limited to, those stated in: (a) General Order No. 

3 95, Rules 31.1-31.5, 35, 38, 43, 43.2, 44.1-44.4, and 48-48.1; (b) General Order No. 165; (c) Code 

4 of Civil Procedure § 733; (d) Public Resources Code §§ 4292, 4293, and 4435; and (e) Public 

5 Utilities Code § 451. 

6 266. The violation of a legislative enactment or administrative regulation which defines 

7 a minimum standard of conduct is unreasonable per se. 

8 267. DEFENDANTS violated the above listed requirements, by: 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

a. Failing to service, inspect or maintain electrical infrastructure, structures and 

vegetation affixed to and in close proximity to high voltage electrical lines; 

b. Failing to provide electrical supply systems of suitable design; 

c. Failing to construct and to maintain such systems for their intended use of safe 

transmission of electricity considering the known condition of the combination 

of the dry season and vegetation of the area, resulting in PLAINTIFFS being 

susceptible to the ignition and spread of fire and the fire hazard and danger of 

electricity and electrical transmission and distribution; 

d. Failing to properly design, construct, operate, maintain, inspect and manage its 

electrical supply systems and the surrounding arid vegetation resulting in said 

vegetation igniting and accelerating the spread of the fire; 

e. Failing to properly safeguard against the ignition of fire during the course and 

scope of employee work on behalf of DEFENDANTS; and 

f. Failing to comply with the enumerated legislative enactments and 

administrative regulations. 

24 268. DEFENDANTS proximately and substantially caused the destruction, damage, 

25 and injury to PLAINTIFFS by their violations of applicable orders, decisions, directions, rules or 

26 statutes, including, but not limited to, those stated in: (a) General Order No. 95, Rules 31.1-31.5, 

27 35, 38, 43, 43.2, 44.1-44.4, and 48-48.1; (b) General Order No. 165; (c) Code of Civil Procedure 

28 § 733; (d) Public Resources Code§§ 4292,4293, and 4435; and (e) Public Utilities Code§ 4511. 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 64 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 12

of 19
269. PLAINTIFFS were and are within the class of persons for whose protection 

2 applicable orders, decisions, directions, rules or statutes were adopted, including, but not limited 

3 to, those stated in: (a) General Order No. 95, Rules 31.1-31.5, 35, 38, 43, 43.2, 44.1-44.4, and 48-

4 48.1; (b) General Order No. 165; (c) Code ofCivil Procedure§ 733; (d) Public Resources Code 

5 §§ 4292,4293, and 4435; and (e) Public Utilities Code§ 451. 

6 270. As alleged herein according to proof, DEFENDANTS are liable to PLAINTIFFS 

7 for all loss, damages and injury caused by and resulting from DEFENDANTS' violation of 

8 applicable orders, decisions, directions, rules or statutes were adopted, including, but not limited 

9 to, those stated in: (a) General Order No. 95, Rules 31.1-31.5, 35, 38, 43, 43.2, 44.1-44.4, and 48-

10 48.1; (b) General Order No. 165; (c) Code of Civil Procedure§ 733; (d) Public Resources Code 

11 §§ 4292, 4293, and 4435; and (e) Public Utilities Code§ 451. 

12 271. As a further direct and legal result of the wrongful acts and/or omissions of 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

DEFENDANTS, and/or each of them, PLAINTIFFS seek the recovery of punitive and exemplary 

damages against DEFENDANTS as set forth above. 

TENTH CAUSE OF ACTION 

VIOLATION OF HEALTH & SAFETY CODE§ 13007 

(Against All Defendants) 

272. PLAINTIFFS incorporate and re-allege each of the paragraphs set forth above as 

though fully set forth herein. 

273. By engaging in the acts and/or omissions alleged in this Master Complaint, 

DEFENDANTS, and/or each of them, willfully, negligently, carelessly, recklessly, and/or in 

violation of law, set fire to and/or allowed fire to be set to the property of another in violation of 

Health & Safety Code§ 13007. 

274. As a direct and legal result of DEFENDANTS' violation of Health & Safety Code 

§ 13007, PLAINTIFFS suffered recoverable damages to property under Health & Safety Code§ 

13007.21 and continue to suffer the injuries and damages described above. 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 65 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 13

of 19
275. As a further direct and legal result of the DEFENDANTS, and/or each of them, 

2 violating Health & Safety Code§ 13007, PLAINTIFFS are entitled to reasonable attorney's fees 

3 under Code ofCivi1 Procedure§ 1021.9. 

4 276. As a direct and legal result of the wrongful acts and/or omissions of 

5 DEFENDANTS, and/or each of them, PLAINTIFFS suffered, and continue to suffer, the injuries 

6 and/or damages as set forth above. 

7 277. As a further direct and legal result of the wrongful acts and/or omissions of 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

DEFENDANTS, and/or each of them, PLAINTIFFS seek the recovery of punitive and exemplary 

damages against DEFENDANTS as set forth above. 

ELEVENTH CAUSE OF ACTION 

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 

(Against All Defendants) 

278. PLAINTIFFS incorporate and re-allege each of the paragraphs set forth above as 

though fully set forth herein. 

279. As set forth above, the North Bay Fires were a direct and legal result of the 

negligence, carelessness, recklessness, and/or unlawfulness of DEFENDANTS, and/or each of 

them. 

280. As a result of the wrongful acts and/or omissions of DEFENDANTS, and/or each 

of them, PLAINTIFFS suffered serious emotional distress. As set forth above, PLAINTIFFS 

were physically injured by the North Bay Fires. Further, as set forth above, PLAINTIFFS 

suffered from damage to and/or loss of real and/or personal property and were in the zone of danger 

while evacuating from the North Bay Fires. DEFENDANTS knew or should have known that 

PLAINTIFFS would suffer serious emotional distress during and as a result of their wrongful acts 

and/or omissions and the ensuing North Bay Fires due to their injuries, death, property damages, 

and/or other damages. DEFENDANTS' wrongful acts and/or omissions were a substantial factor 

in causing PLAINTIFFS' serious emotional distress. 

281. Additionally and/or alternatively, the wrongful acts and/or om1sswn of 

DEFENDANTS, and/or each ofthem, resulted in the deaths of DECEDENTS and/or injuries to 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 66 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 14

of 19
PLAINTIFFS' loved ones as PLAINTIFFS watched the horrific North Bay Fires destroy, 

2 damage, and/or injure their communities and loved ones in person, on television, on the internet, 

3 and/or through text messages and/or other communications from their loved ones. PLAINTIFFS 

4 knew that that their loved ones were trapped in and around their burning homes, structures, and/or 

5 vehicles, and/or trying to evacuate from the North Bay Fires. PLAINTIFFS were thus aware that 

6 their loved ones were being injured. The DEFENDANTS' wrongful acts and/or omissions were 

7 a substantial factor in causing PLAINTIFFS' serious emotional distress. 

8 282. As a direct and legal result of the wrongful acts and/or omissions of 

9 DEFENDANTS, and/or each of them, PLAINTIFFS have suffered and will continue to suffer 

10 great mental pain and suffering, including emotional suffering, anguish, fright, horror, 

11 nervousness, grief, anxiety, worry, shock, humiliation, embarrassment, shame, and/or other 

12 emotional distress. PLAINTIFFS are informed and believe, and upon such infonnation and belief 

13 allege, that such injuries have resulted in debilitating injuries in an amount according to proof at 

14 trial. 

15 283. As a further direct and legal result of the wrongful acts and/or omissions of 

16 DEFENDANTS, and/ or each of them, PLAINTIFFS seek the recovery of punitive and exemplary 

17 damages against DEFENDANTS as set forth above. 

18 WHEREFORE, PLAINTIFFS pray for relief as set forth below. 

19 VI. PRAYER FOR RELIEF 

20 WHEREFORE, PLAINTIFFS pray for judgment against Defendants PG&E 

21 CORPORATION, PACIFIC GAS & ELECTRIC COMPANY, and DOES 1 through 20, and 

22 each of them as follows: 

23 From All DEFENDANTS for Inverse Condemnation: 

24 

25 

26 

27 

28 

1. Repair, depreciation, and/or replacement of damaged, destroyed, and/or lost 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

personal and/or real property; 

2. Loss of the use, benefit, goodwill, and enjoyment of PLAINTIFFS' real and/or 

personal property; 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 67 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 15

of 19
2 

3 

4 

5 

6 

3. 

4. 

5. 

6. 

Loss of wages, earning capacity, and/or business profits or proceeds and/or any 

related displacement expenses; 

All costs of suit, including attorneys' fees where appropriate, appraisal fees, 

engineering fees, and related costs; 

Prejudgment interest according to proof; and 

For such other and further relief as the Court shall deem proper, all according to 

7 proof. 

8 From All DEFENDANTS for Negligence, Wrongful Death, Survival Action, Public 

9 Nuisance, Private Nuisance, Premises Liability, Trespass, Private Action Under Public 

10 Utilities Code§ 2106, Violation of Health & Safety Code§ 13007, and Negligent Infliction of 

11 Emotional Distress: 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Repair, depreciation, and/or replacement of damaged, destroyed, and/or lost 

personal and/or real property; 

Loss of the use, benefit, goodwill, and enjoyment of PLAINTIFFS' real and/or 

personal property; 

Loss of wages, earning capacity, and/or business profits or proceeds and/or any 

related displacement expenses; 

Past and future medical expenses and incidental expenses according to proof; 

Treble damages for wrongful injuries to timber, trees, or underwood on their 

property as allowed under Civil Code § 3346; 

Treble damages in an amount according to proof for injuries to trees as allowed 

under Code of Civil Procedure§ 733; 

Exemplary damages in an amount according to proof as allowed under Civil Code 

§ 3294; 

Exemplary damages in an amount according to proof for wrongful injuries to 

animals as allowed under Civil Code§ 3340; 

Exemplary damages in an amount according to proof as allowed under Public 

Utilities Code§ 2106; 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 68 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 16

of 19
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

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

anguish, emotional distress, loss of quiet enjoyment of property, personal injury, 

and for such other and further relief as the Court shall deem proper, all according 

to proof; 

Imposition of a permanent injunction ordering that DEFENDANTS, and each of 

them, stop continued violation of: (a) General Order No. 95, Rules 31.1-31.5, 35, 

38, 43, 43.2, 44.1-44.4, and 48-48.1; (b) General Order No. 165; (c) Public 

Resources Code§§ 4292,4293, and 4435; and (d) Public Utilities Code§ 451. 

Issuance of an order directing DEFENDANTS to abate the existing and continuing 

nuisance they created; 

Attorney's fees, expert fees, consultant fees, and litigation costs and expense as 

allowed under Code of Civil Procedure § 1 021.9; 

For all costs of suit incurred; 

Prejudgment interest according to proof; and 

For such other and further relief as the Court shall deem proper, all according to 

proof. 

COTCHETT, PITRE & McCARTHY, LLP 

Dated: March 12, 2018 By: /s/ Frank M. Pitre 

Dated: March 12, 2018 

FRANK M. PITRE 

Co-Lead Counselfor Individual Plaint(ft~ 

WALKUP MELODIA KELLY & 

SCHOENBERGER 

By: ~M=I~c=H~A~E=L-A~.~K=E=L~L~Y=---------

Co-Lead Counsel for Individual Plaint~ffs 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 69 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 17

of 19
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

LAWOFPICES 

COTCHETT, PITRE & 

McCARTHY, LLP 

ROBINS CLOUD LLP 

Dated: March 12, 2018 By: /s/ Bill Robins III 

BILL ROBINS, III 

Co-Lead Counselfor Individual PlaintiffS 

VII. JURY DEMAND 

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

Dated: March 12, 2018 

Dated: March 12, 2018 

Dated: March 12, 2018 

COTCHETT, PITRE & McCARTHY, LLP 

By: /s/ Frank M. Pitre 

FRANK M. PITRE 

Co-Lead Counselfor Individual Plaintiffs 

WALKUP MELODIA KELLY & 

SCHOENBERGER 

By:~~=-==--~==~~--------- MICHAEL A. KELLY 

Co-Lead Counselfor Individual Plaintiffs 

ROBINS CLOUD LLP 

By: /s/ Bill Robins III 

BILL ROBINS, III 

Co-Lead Counsel for Individual Plaintiffs 

MASTER COMPLAINT- INDIVIDUAL PLAINTIFFS 70 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 18

of 19
2 

3 

11 

12 

13 

14 

15 

16 

17 

18 

19 

21 

22 

I declare under penalty of 

tor·eg.om:g is true and correct. 

Ex~~cuted on March 2018, at 

under laws of the State of California the 

Francisco, California. 

Case: 19-30088 Doc# 2842-3 Filed: 07/02/19 Entered: 07/02/19 18:04:42 Page 19

of 19