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BAKER 

&

HOSTETLER LLP 

ATTORNEYS AT LAW

SAN FRANCISCO, CA 

Robert A. Julian (SBN 88469) 

Cecily A. Dumas (SBN 111449) 

BAKER & HOSTETLER LLP

1160 Battery Street, Suite 100 

San Francisco, CA 94111 

Telephone: 628.208.6434 

Facsimile: 310.820.8859 

Email: rjulian@bakerlaw.com

Email: cdumas@bakerlaw.com 

Eric E. Sagerman (SBN 155496)

Lauren T. Attard (SBN 320898) 

BAKER & HOSTETLER LLP

11601 Wilshire Blvd., Suite 1400 

Los Angeles, CA 90025-0509 

Telephone: 310.442.8800 

Facsimile: 310.820.8859 

Email: esagerman@bakerlaw.com

Email: lattard@bakerlaw.com

Counsel for Official 

Committee of Tort Claimants

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re:

PG&E CORPORATION

-andPACIFIC GAS AND ELECTRIC 

COMPANY,

 Debtors.

Ƒ$IIHFWV3*	(Corporation 

Ƒ$IIHFWV3DFLILF*DVDQG(OHFWULF&RPSDQ\

Ŷ$IIHFWVERWK'HEWRUV

*All papers shall be filed in the Lead Case, 

No. 19-30088 (DM) 

Bankruptcy Case 

No. 19-30088 (DM) 

Chapter 11 

(Lead Case)

(Jointly Administered)

APPLICATION OF THE OFFICIAL 

COMMITTEE OF TORT CLAIMANTS 

FOR ENTRY OF AN ORDER (I) 

CONFIRMING THE SCOPE OF 

EMPLOYMENT OF BAKER & 

HOSTETLER LLP, OR 

ALTERNATIVELY (II) AMENDING 

THE ORDER APPROVING 

APPLICATION OF THE OFFICIAL 

COMMITTEE OF TORT CLAIMANTS 

PURSUANT TO 11 U.S.C. § 1103 AND 

FED. R. BANKR. P. 2014 AND 5002, 

FOR AN ORDER AUTHORIZING 

RETENTION AND EMPLOYMENT OF 

BAKER & HOSTETLER LLP, 

EFFECTIVE AS OF FEBRUARY 15, 

2019 (DOC. NO. 1331) (THE 

“RETENTION ORDER”) 

Case: 19-30088 Doc# 4018 Filed: 09/26/19 Entered: 09/26/19 16:06:38 Page 1 of

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BAKER 

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HOSTETLER LLP

ATTORNEYS AT LAW

SAN FRANCISCO, CA

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Date: October 22, 2019 

Time: 10:00 a.m. (Pacific Time)

Place: United States Bankruptcy Court

Courtroom 17, 16th Floor

San Francisco, CA 94102

Objections Due: October 15, 2019

 4:00 p.m. (Pacific Time)

The Official Committee of Tort Claimants (the “TCC”) of PG&E Corporation and 

Pacific Gas and Electric Company (the “Debtors”) submits this application (the “Application”) 

for entry of an order, substantially in the form attached hereto as Exhibit A, confirming that the 

scope of Baker & Hostetler LLP’s employment (“Baker”) pursuant to the Retention Order 

includes representation of the TCC in connection with the California North Bay Fire Cases, 

JCCP 4955 (the “State Court Litigation”). Alternatively, the TCC seeks entry of an order 

amending the Retention Order to expressly provide that Baker is authorized to represent the TCC 

in the State Court Litigation, effective as of August 21, 2019. In support of the Application, the 

TCC submits the verified statement of Cecily A. Dumas, which is filed concurrently herewith,

and respectfully states as follows:

Jurisdiction and Venue

1. This Court has jurisdiction over this Application pursuant to 28 U.S.C. §§ 157 and 

1334, and the Order Referring Bankruptcy Cases and Proceedings to Bankruptcy Judges of the 

United States District Court of the Northern District of California, General Order 24 (N.D. Cal.), 

and Rule 5011-1(a) of the Bankruptcy Local Rules for the United States Bankruptcy Court for the 

Northern District of California (the “Bankruptcy Local Rules”). This is a core proceeding 

pursuant to 28 U.S.C. § 157(b). Venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 

and 1409.

Relevant Background

2. On February 15, 2019, the Office of the United States Trustee (“U.S. Trustee”)

filed an Appointment of the Official Committee of Tort Claimants [Doc. No. 453]. Following the 

resignation of Richard Heffern from the original committee and the addition of Tommy Wehe, on 

February 21, 2019, the U.S. Trustee filed the Amended Appointment of the Official Committee of 

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ATTORNEYS AT LAW

SAN FRANCISCO, CA

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Tort Claimants [Doc. No. 530]. The members of the TCC are: (i) GER Hospitality, LLC, in its 

capacity as an individual claimant; (ii) Kirk Trostle; (iii) Tommy Wehe; (iv) Angelo Loo; (v) 

Karen K. Gowins; (vi) Agajanian, Inc.; (vii) Susan Slocum; (viii) Samuel Maxwell; (ix) Karen M. 

Lockhart; (x) Wagner Family Wines-Caymus Vineyards; and (xi) Gregory Wilson. The TCC 

conducted a meeting on February 15, 2019, at which all members were present, and appointed 

Karen M. Lockhart as Chairperson. The TCC also selected Baker as counsel to represent it during 

the pendency of the Debtors’ cases (the “Cases”).

A. Retention of Baker

3. On March 17, 2019, the TCC filed the Application of the Official Committee of 

Tort Claimants Pursuant to 11 U.S.C. § 1103 and Fed. R. Bankr. P. 2014 and 5002, for an Order 

Authorizing Retention and Employment of Baker & Hostetler LLP, Effective as of February 15, 

2019 [Doc. No. 934] (the “Retention Application”). Supporting declarations of Cecily Dumas 

(the “Dumas Declaration”) and Karen Lockhart (the “Lockhart Declaration”) were filed 

contemporaneously with the Retention Application [Doc. Nos. 935 & 936 respectively]. 

Subsequently, on May 14, 2019, Cecily Dumas submitted a supplemental declaration (the 

“Supplemental Dumas Declaration”) which updated Baker’s disclosures of connections. The 

Retention Application, Dumas Declaration, Lockhart Declaration and Supplemental Declaration 

are each incorporated herein by reference.

4. On April 10, 2019, the Court entered the Retention Order [Doc. No. 1331] and 

authorized the TCC “to employ and retain Baker as counsel for the [TCC], effective as of February 

15, 2019, on the terms set forth in the [Retention] Application, the Dumas Declaration, and the 

Lockhart Declaration, as provided herein.” Retention Order, p. 2. The Court retained jurisdiction 

over matters stemming from the implementation of the Retention Order. Id. at p. 4.

5. Pursuant to the Retention Order and Retention Application, the scope of services 

Baker is authorized to provide includes, among other provisions:

• Assisting and advising the TCC in its consultations, meetings and negotiations with the 

Debtors and all other parties in interest regarding the administration of these Cases;

• Assisting the TCC in analyzing the claims asserted against and interests asserted in the 

Debtors, and in negotiating with the holders of such claims and interests and bringing, or 

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ATTORNEYS AT LAW

SAN FRANCISCO, CA

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participating in, objections or estimation proceedings with respect to such claims or 

interests;

• Assisting the TCC in its analysis of, and negotiations with, the Debtors or any third party 

related to, among other things, financings, asset disposition transactions, compromises of 

controversies, assumption or rejection of executory contracts and unexpired leases;

• Representing the TCC at all hearings and other proceedings before the Court and such other 

courts or tribunals, as appropriate;

• Assisting the TCC in preparing pleadings and applications, and pursuing or participating 

in adversary proceedings, contested matters and administrative proceedings as may be 

necessary or appropriate in furtherance of the TCC’s interests and objectives; and

• Performing such other legal services as may be necessary or as may be requested by the 

TCC in accordance with the TCC’s powers and duties as set forth in title 11 of the United 

States Code (the “Bankruptcy Code”). 

6. As set forth above and in greater detail in the Retention Application and the Dumas 

Declaration, the TCC retained Baker to represent the TCC in multiple tribunals. 

B. Estimation Proceedings and the State Court Litigation

7. On August 20, 2019, the Court entered the Order Regarding Further Hearings on 

Estimation Motion and Other Case Scheduling Matters [Doc. No. 3619] (the “Estimation 

Hearings Order”). The Court stated in part that its decision to grant the TCC’s “Amended Motion 

for Relief from Stay (Dkt. 2904) and the Ad Hoc Group of Subrogation Claim Holders’ Motion 

for Relief from Stay (Dkt. 2863) certainly moot for the most part one significant aspect of the 

suggested timetable in the Estimation Motion, namely Phase 2 and the Tubbs Fire.” Id. at p. 2.

8. The Court also stated that “subject to further discussion *** the court envisions two 

tracks to confirmation, [including] one which deals with the determination of the amount of any 

trust (e.g., inverse condemnation ruling; Tubbs fire results; final estimation under 11 U.S.C. 

§ 502(c) etc.).” Id. at p. 4. The Estimation Hearings Order also addresses coordination of timing 

issues in the State Court Litigation and the estimation proceedings. Id.

9. On August 21, 2019, the Court entered the Order Granting the Motion of the Official 

Committee of Tort Claimants for Relief from Automatic Stay [Dkt. No. 3644] (the “Stay Relief 

Order”). The Court held that the automatic stay was terminated for certain preference plaintiffs 

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BAKER 

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ATTORNEYS AT LAW

SAN FRANCISCO, CA

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(the “Preference Plaintiffs”) to enable them “to take any actions necessary or appropriate to 

prosecute their claims against the Debtors arising solely from the 2017 Tubbs Fire...” Id. at p. 4. 

Thus, the Stay Relief Order permits the Preference Plaintiffs to try their Tubbs fire claims to verdict 

for the TCC, the Debtors and the Court to use as a data point in estimating the Tubbs and other 

fire claims. 

10. The Preference Plaintiffs include (i) Barbara Thompson, (ii) Raymond Breitenstein, 

(iii) John Caslin, (iv) Phyllis Lowe, (v) William Edelen, (vi) Burton Fohrman, (vii) Heirs of 

decedent Monte Kirven, (viii) Don Louis Kamprath, (ix) Elizabeth Fourkas, (x) TCC member Greg 

Wilson, (xi) Christina Wilson, (xii) Armando A. Berriz, (xiii) Heirs of Carmen Caldenty Berriz, 

(xiv) Thomas Milton Howard, (xv) Catherine Maffioli, (xvi) Glenda Samson, (xvii) Barbara 

Spengler, and (xviii) Evelyn Venturi. 

Relief Requested

11. The TCC filed its Motion of the Official Committee of Tort Claimants for Relief 

from Automatic Stay to Permit State Court Jury Trial of 2017 Tubbs Wildfire Claims [Doc. No. 

2842], and the amended motion, in order for the Preference Plaintiffs to try their claims to verdict 

in coordination with the estimation of Tubbs fire claims in the estimation proceedings. On 

September 17, 2019, Judge Jackson set a trial date in the State Court Litigation pursuant to the 

Order After September 16, 2019 Case Management Conference. 

12. The TCC is not a party to the State Court Litigation. Nevertheless, the TCC agrees 

with the Court that the liability determination at the January 2020 trial or trials will be central to 

the estimation procedures (Estimation Hearings Order at p. 2), and anticipates that any verdict in 

the State Court Litigation will be central to the estimation of the Tubbs fire claims, thereby 

impacting all tort claimants. The TCC has requested that Baker draft pleadings and memoranda 

in connection with the State Court Litigation, assist in discovery, and participate in the litigation,

including paying costs associated with the State Court Litigation, to the extent necessary to protect 

the TCC and all Tubbs fire victims’ interests. Baker anticipates that some of the pleadings and 

memoranda may be filed by the plaintiffs in the State Court Litigation. The TCC believes that 

under the terms of the Retention Order Baker may represent the TCC in connection with the State 

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ATTORNEYS AT LAW

SAN FRANCISCO, CA

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Court Litigation in order to protect the interests of the TCC. The State Court Litigation involves 

claims estimation, confirmation issues, and potential compromise of controversies. Moreover, 

Baker is authorized to represent the TCC at hearings and other proceedings before tribunals other 

than this Court. Baker is also authorized to bring, or participate-in, objections or estimation 

proceedings with respect to claims and interests.

13. At the time the Retention Motion was filed, Baker and the TCC anticipated that all 

estimation proceedings would take place between the Debtors and the TCC in this Court. Due to 

the Stay Relief Order, some of the estimation will essentially take place in the State Court 

Litigation, in which the TCC is not a party but has significant interests. 

14. Out of an abundance of caution, the TCC seeks entry of an order confirming that 

Baker may represent the TCC and its interests in the State Court Litigation. Alternatively, if the 

Court determines that the present scope of the Retention Order does not include Baker’s and the 

TCC’s participation in the State Court Litigation, the TCC requests that the Court enter an order 

amending the Retention Order to authorize Baker to represent the TCC and its interests in 

connection with the State Court Litigation, nunc pro tunc to August 21, 2019.

15. In addition, there will be a number of expert witnesses that will be employed in 

connection with the State Court Litigation, as well as in connection with any proceedings in this 

Court or the District Court. Baker intends to employ the experts required for the State Court 

Litigation in accordance with the procedures established with the U.S. Trustee, the Debtors and 

the Official Committee of Unsecured Creditors and memorialized by letter dated July 3, 2019. 

Pursuant to the procedures, expert costs will be reflected on Baker’s invoices, fee statements and 

fee applications as a cost and paid as a pass through cost by Baker. Some of the aforementioned 

expert witnesses have or will be retained by counsel for the State Court Litigation plaintiffs, but 

will be paid in accordance with the aforementioned letter dated July 3, 2019.

Basis for Relief

16. As part of the TCC’s duty to maximize recoveries for fire claimants, the TCC must 

participate in proceedings which will impact the liability determination and the amount of claims 

against the Debtors’ estates and the amount available for distribution to fire claimants. Toward 

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SAN FRANCISCO, CA

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that end, the TCC needs to be represented by counsel with the requisite knowledge of the Cases 

and expertise in the relevant areas of the law. Baker has the knowledge and experience. 

Accordingly, the TCC has selected Baker to represent it in all matters, including in connection 

with the State Court Litigation. 

17. The TCC respectfully requests that the Court enter an order confirming Baker’s 

authorization to represent the TCC in connection with the State Court Litigation. Pursuant to the 

Retention Order, the Court has jurisdiction “to hear and determine all matters arising from the 

implementation of this [Retention Order]. Retention Order at p. 4. Thus, to the extent there is any 

doubt whether Baker may represent the TCC in the State Court Litigation, the TCC submits that 

pursuant to the Retention Order, and the Court’s inherent authority, the Court may enter an order 

defining the scope of Baker’s authorized services.

18. Alternatively, if the Court concludes that the present scope of Baker’s authorized 

services does not include representation of the TCC in connection with the State Court Litigation, 

then the TCC seeks entry of an order pursuant to section 1103(a) of the Bankruptcy Code amending 

the Retention Order to permit Baker to provide the services enumerated in the Retention 

Application to the TCC in the State Court Litigation. 

19. Section 1103 of the Bankruptcy Code provides that a committee appointed under 

section 1102 of the Bankruptcy Code: 

[M]ay select and authorize the employment by such committee of 

one or more attorneys, accountants, or other agents, to represent or 

perform services for such committee. 

11 U.S.C. § 1103(a). 

20. Bankruptcy Rule 2014(a) requires that an application for retention include: 

[S]pecific facts showing the necessity for the employment, the name 

of the [firm] to be employed, the reasons for the selection, the 

professional services to be rendered, any proposed arrangement for 

compensation, and, to the best of the applicant’s knowledge, all of 

the [firm’s] connections with the debtor, creditors, any other party 

in interest, their respective attorneys and accountants, the United 

States trustee, or any person employed in the office of the United 

States trustee. 

Fed. R. Bankr. P. 2014(a).

Case: 19-30088 Doc# 4018 Filed: 09/26/19 Entered: 09/26/19 16:06:38 Page 7 of

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21. The TCC submits that for all the reasons stated above, and based upon the Retention 

Application, Dumas Declaration, Lockhart Declaration and Supplemental Dumas Declaration, 

Baker’s continued representation of the TCC on all issues relating to the Tubbs fire, claims 

estimation, and claims negotiation, including maters pending in the State Court Litigation, is 

merited. Further, as stated in the Dumas Declaration and Supplemental Dumas Declaration, Baker 

is a “disinterested person” within the meaning of section 101(14) of the Bankruptcy Code and does 

not hold or represent an interest adverse to the Debtors’ estates and has no connection to the 

Debtors, their creditors or their related parties except as may be disclosed in the Dumas Declaration 

and Supplemental Dumas Declaration. Accordingly, the relief requested in the Application should 

be approved.

Notice

22. Notice of this Application will be provided to (i) the Office of the United States 

Trustee for Region 17 (Attn: James L. Snyder, Esq. and Timothy Laffredi, Esq.); (ii) counsel to 

the Creditors Committee; (iii) counsel to the Debtors; (iv) the Securities and Exchange 

Commission; (v) the Internal Revenue Service; (vi) the Office of the California Attorney General; 

(vii) the California Public Utilities Commission; (viii) the Nuclear Regulatory Commission; (ix) 

the Federal Energy Regulatory Commission; (x) the Office of the United States Attorney for the 

Northern District of California; (xi) counsel for the agent under the Debtors’ debtor in possession 

financing facility; (xii) counsel to the fee examiner, and (xiii) those persons who have formally 

appeared in these Cases and requested service pursuant to Bankruptcy Rule 2002. The TCC 

respectfully submits that no further notice is required.

No Prior Request

23. No previous request for the relief sought herein has been made to this or any other 

court. 

Reservation of Rights

24. The TCC respectfully reserves the right to file a brief and memorandum of law in 

response to any objection to this Application.

Case: 19-30088 Doc# 4018 Filed: 09/26/19 Entered: 09/26/19 16:06:38 Page 8 of

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WHEREFORE, the TCC respectfully requests that this Court enter an order, in the form 

2 attached hereto as Exhibit A, (a) authorizing Baker to provide services to the TCC in connection 

3 with the State Court Litigation; and (b) granting such other and further relief as is just and proper. 

4 

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Dated: September ~~ 20 l 9 

OFFICIAL COMMITTEE OF TORT CLAIMANTS 

OF PG&E CORPORA TI~AND PACIFIC GAS 

AND ELECTRIC COMPANY 

c/JJJAName: Karen M. Lockha 

Title: Chair of the Official Committee of Tort 

Claimants 

- 9 -

Case: 19-30088 Doc# 4018 Filed: 09/26/19 Entered: 09/26/19 16:06:38 Page 9 of

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