Exhibit 1

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1 MICHAEL A. KELLY (SB #71460) 

mkelly@walkuplawoffice.com 

2 KHALDOUN A. BAGHDAD! (SB #190111) 

kbaghdadi@walkuplawoffice.com 

3 WALKUP, MELODIA, KELLY & 

SCHOENBERGER 

4 650 California Street, 26th Floor 

San Francisco, CA 94108 

5 Telephone: (415) 981-7210 

6 ON BEHALF OF DIRECT PLAINTIFFS 

7 

8 

9 CRAIG S. SIMON (SB #78158) 

csimon@bergerkahn.com 

10 BERGER KAHN, A Law Corporation 

1 Park Plaza, Suite 340 

11 Irvine, CA 92614 

12 Telephone: (949) 474-1880 

ON BEHALF OF SUBROGATION PLAINTIFFS 

ELECTRON ICALL 

FILED 

Superior Court of Califor ia, 

County of San Francisco 

10/22/2018 

Clerk of the Cou 

EV AN R. CHESLER (pro hac vi~:1uonH NUNEZ 

echesler@cravath.com Deputy Cl rk 

TIMOTHY G. CAMERON (pro hac vice) 

tcameron@cravath.com 

KEVIN J. ORSINI (pro hac vice) 

korsini@cravath.com 

OMID H. NASAB (pro hac vice) 

onasab@cravath.com 

DAMARIS HERNANDEZ (pro hac vice) 

dhemandez@cravath.com 

CRA VATH, SWAINE & MOORE LLP 

825 Eighth A venue 

New York, NY 10019 

Telephone: (212) 474-1000 

ON BEHALF OF DEFENDANTS 

SCOTT SUMMY (pro hac vice) 

ssummy@baronbudd.com 

BARON & BUDD, P.C. 

3102 Oak Lawn Ave 100 

Dallas, TX 75219 

Telephone: (214) 521-3605 

ON BEHALF OF PUBLIC ENTITY PLAINTIFFS 

13 

14 

15 

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

COUNTY OF SAN FRANCISCO 

16 Coordination Proceeding 

Special Title (Rule 3.550) 

17 

CALIFORNIA NORTH BAY FIRE CASES 

JCCP No. 4955 

JOINT CASE MANAGEMENT 

CONFERENCE STATEMENT 

Date: 

Time: 

Dept.: 

October 25, 2018 

9:00 a.m. 

304 

Assigned for All Purposes to: 

Hon. Curtis E.A. Karnow. Dent. 304 

18 

19 

20 

21 

22 

23 After meeting and conferring pursuant to California Rules of Court, Rules 3.724 and 3.727, 

24 Plaintiffs and Defendants Pacific Gas and Electric Company and PG&E Corporation ( collectively, 

25 "PG&E") hereby jointly submit this Joint Complex Case Management Conference Statement in 

26 response to questions posed by the Court in Case Management Order Number Three dated 

27 September 24, 2018. 

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1 I. TRIAL SETTING 

2 

3 

4 

5 

A. First Fire Case To Be Set For Trial 

1. Plaintiffs' Position 

(a) Individual Plaintiffs 

Individual Plaintiffs propose that the first case to be set for trial should involve the 

6 fire. Atlas is a tree-line contact case which incorporates law and proof issues common to all 

7 vegetation management fires. Vegetation management issues are typical to the vast majority of the 

8 fires, excluding Tubbs, Sulphur and Cascade. Tubbs is a fire with mixed cause and origin issues, 

9 has substantially more evidence to be reviewed (much of which has not yet been released by Cal 

10 Fire), has as many as 15 to 20 additional potential percipient witnesses, and implicates a broader 

11 range of negligent corporate conduct as it relates to wildfire risk management. A trial of the Atlas 

12 fire case can be prepared far more quickly, will require fewer witnesses on liability, and provide 

13 important answers to questions relating to damage issues independent of cause and origin. The 

14 physical evidence inspections alone for the Tubbs fire are estimated to require more than a dozen 

15 separate examinations by expert consultants for both Plaintiffs and Defendants. 

16 Plaintiffs believe that 60 days after the first fire set for trial, a second trial should be set. 

17 That fire should be the Tubbs fire, assuming all available evidence can be accessed from PG&E, 

18 Cal Fire, and other sources, and further assuming that evidence under PG&E's management and 

19 control is made available in a way that is sensibly organized and easy to access. 

20 To the extent that Tubbs evidence is not made available from Cal Fire, either voluntarily or 

21 in response to a motion to compel, an alternative fire should be set for trial 60 days after the first 

22 trial. At the most recent CMC, Plaintiffs suggested that the second trial should be the Sulphur fire 

23 because it could be most quickly prepared. At the same time, if the court is disinclined to set the 

24 Sulphur fire because it does not affect as many structures or persons and is perceived for that 

25 reason as having less benefit in moving the greater litigation to resolution, then plaintiffs would 

26 suggest the Redwood fire or the Nuns complex fires be set in lieu of Tubbs. 

27 

28 

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1 

2 

(b) Public Entity Plaintiffs 

The Public Entity Plaintiffs' ("PEs") damages present issues that are distinct and unique 

3 from those affecting the Individual Plaintiff cases. Accordingly, the PEs respectfully request that 

4 once the Court issues an order governing the sequence oflndividual Plaintiff, fire-specific trials, 

5 the PEs be allowed to meet and confer with PG&E within 45 days of the order and report to the 

6 Court whether those PEs impacted by the respective fire should participate in the trial as an 

7 additional category of plaintiff. 

8 

9 

2. PG&E's Position 

As an initial matter, PG&E and Plaintiffs agree that any trial ought to be a bellwether trial 

10 concerning a single fire with respect to both liability and damages. This first trial will therefore be 

11 persuasive in terms of allowing the parties to have a better sense as to PG&E's potential liability, 

12 but will not be binding as to any other fires or any other Plaintiffs. Accordingly, in identifying 

13 which fire it believes should be tried first, PG&E' s primary focus is on obtaining as much 

14 information through a trial verdict as it can to have the maximum potential impact on the overall 

15 resolution of the many thousands of cases associated with the North Bay Fires. 

16 There is no dispute that the Tubbs Fire, which is the most destructive fire in the State's 

17 history, involves the greatest amount of damage, loss, and harm. As of October 1, 2018, 

18 approximately 65 percent of the Individual Plaintiffs have filed claims relating to the Tubbs Fire, 

19 and the structures destroyed in the Tubbs Fire comprise approximately 63 percent of the total 

20 structures destroyed in all of the North Bay Fires. Because of the significance of the damages 

21 associated with the Tubbs Fire, ordering a bellwether trial concerning that fire will be the most 

22 efficient way for the Court "to expedite the just determination of the coordinated actions without 

23 delay". (Rule of Court 3.541(b).) 

24 Plaintiffs contend that because the Tubbs Fire's alleged cause is not vegetation contact 

25 with a power line and is thus potentially more complex as it relates to causation than some of the 

26 other fires, it should not be tried first. 1 (9/21/18 Tr. at 38:24-39:3 ("Mr. Simon: Tubbs has two 

27 

28 1 At the last Case Management Conference, at least one Plaintiffs' counsel suggested that a claim 

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1 electric lines. You've got a line that is owned and operated by PG&E, you have a homeowner that 

2 there's some electricity that the homeowner uses for their own pumps, and you're going to have 

3 issues about location, evidence, where.").) Plaintiffs are absolutely right that the available 

4 evidence points away from vegetation contacting PG&E's power lines and towards private 

5 electrical facilities that were replaced by unlicensed third parties without permit or inspection as 

6 the cause of the Tubbs Fire. In that respect, any allegation of PG&E's liability will be far less 

7 direct than in a fire that involves vegetation allegedly contacting a power line. But that is precisely 

8 why a case concerning the Tubbs Fire needs to be tried first. If the Tubbs Fire was a sma11 fire that 

9 represented an insignificant portion of the overall damages, PG&E may agree with Plaintiffs that 

10 another fire should be tried first. But because the Tubbs Fire may comprise at least two-thirds of 

11 the ultimate potential liability, it is difficult for PG&E to contemplate resolution of the coordinated 

12 proceeding without having further insight into how a jury may view the unique set of facts 

13 concerning PG&E's liability for the Tubbs Fire.2 

14 Moreover, Plaintiffs are incorrect that simply because the Atlas Fire involves alleged 

15 vegetation contact, it will present "law and proof issues common to all vegetation fires". Each 

16 alleged vegetation contact case is different and will involve a distinct set of factual issues. 

17 Plaintiffs' suggestion that there will be broad issues regarding PG&E's corporate policy with 

18 respect to vegetation management that apply to all fires is not true. Whether, and to what extent, a 

19 

20 concerning the Atlas Fire should be tried first because there is no dispute as to causation. That is 

false. PG&E disputes liability with respect to the Atlas Fire as well as Plaintiffs' allegation that the 

21 Atlas Fire was caused by vegetation contacting a PG&E power line. 

22 2 PG&E also disagrees with Plaintiffs' assertion that an Atlas Fire trial will be far less complicated 

and streamlined. As set forth below, PG&E believes a Tubbs Fire trial could be completed in no 

23 more than six weeks whereas Plaintiffs are estimating as many as eight weeks for an Atlas Fire 

trial. Plaintiffs' contention that the Tubbs Fire "has as many as 15 to 20 additional potential 24 percipient witnesses, and implicates a broader range of negligent corporate conduct as it relates to 

25 wildfire risk management" is conclusory and belied by their extensive witness list discussed 

below, many of whom (i.e., all the vegetation management witnesses and experts) would not be 

26 necessary for a Tubbs Fire trial. (See infra, Section I.E. I.) By contrast, and as discussed further 

below, experts on cause and origin, weather, LiDAR, de-energization, risk management and 

27 damages would be necessary in both trials. 

28 

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1 particular vegetation management policy applies will depend entirely on the facts of each 

2 particular fire including, for example, the type of tree allegedly at issue, whether the alleged 

3 contact occurred as result of a tree falling or a branch dislodging, the distance of the alleged tree at 

4 issue from the PG&E lines, the surrounding vegetation separating the alleged tree at issue and the 

5 PG&E lines and the history of inspection and maintenance of that and other tree in the alleged 

6 incident area in the months and years preceding the extreme weather events of October 2017. 

7 To the extent Plaintiffs are suggesting that allegations of systemic vegetation management 

8 issues will overlap across vegetation management trials, that is also untrue. As the Court of 

9 Appeal has already found in the Butte Fire litigation, evidence concerning PG&E's alleged 

10 vegetation system maintenance and inspection issues can only be relevant in a particular case if 

11 that evidence and the alleged programmatic issues can be tied specifically to the tree at issue. (See 

12 PG&E v. Superior Court, C085308 (Cal. Ct. Appeal, Third District, July 2, 2018) (evidence that 

13 PG&E's audit program was allegedly unreliable was not relevant as plaintiffs did not show 

14 PG&E's audit methodology contributed to the Butte fire, and evidence that PG&E's decision to 

15 extend its routine patrol schedule not relevant as PG&E had returned to annual patrol by time of 

16 Butte fire).) Even if it were true that Atlas and another fire were caused by vegetation contact to 

17 PG&E power lines (a disputed factual issue), that would still say very little about how each of 

18 those cases actually would be resolved given the many differences between all of the facts 

19 concerning particular alleged ignition points. The reality is that the results of any single trial about 

20 a particular fire will provide limited intelligence about how trials related to other fires that often 

21 occurred hundreds of miles apart and involve very different facts will be resolved. That is 

22 precisely why PG&E believes it is critical to gain some intelligence through the first trial about 

23 how the single largest fire representing most of the potential liability will be resolved so that 

24 the parties can have some insight into how other subsequent trials concerning that fire could be 

25 resolved. 

26 Further, at this point, the Tubbs Fire, just like the Atlas Fire, is still subject to investigation 

27 by the relevant District Attorneys' offices (indeed, at least one District Attorney's office is looking 

28 at both, i.e., the Napa District Attorney, as the Tubbs Fire ignited in Napa County and then spread 

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1 to Sonoma County). As PG&E has disclosed, it has entered into an agreement with the Sonoma 

2 and Napa County District Attorneys to waive any applicable statutes of limitations related to the 

3 North Bay Fires for a period of six months, until April 8, 2019. As discussed in Section VIII, 

4 infra, the parties are discussing with those District Attorneys a mechanism to enable access to all 

5 of the relevant evidence for all parties in the litigation. There is therefore no reason to believe that 

6 there will be an ability to access, for example, Atlas Fire evidence but not Tubbs Fire evidence. 

7 And, to the extent the parties are precluded from accessing the evidence, this Court has the 

8 authority to compel inspection if it determines, after applying a balancing test, that access to the 

9 evidence is within the public's interest. Access to the physical evidence concerning the Tubbs Fire 

10 should therefore not delay the parties' ability to try a Tubbs Fire case. 

11 Finally, with respect to the Public Entity Plaintiffs, PG&E proposes that if the first trial is 

12 one for which there is a corresponding Public Entity Plaintiff (e.g., for a Tubbs Fire trial, Sonoma 

13 County, Napa County or the City of Santa Rosa), a representative Public Entity Plaintiff should 

14 participate. PG&E does not believe any further meet and confer, as proposed by the Public Entity 

15 Plaintiffs, is necessary. 

16 3. Plaintiffs' Response 

17 Though there is no dispute that Tubbs is the most destructive fire - there can be no serious 

18 dispute that the parties know the least about it. The ultimate origin and cause determination on 

19 Tubbs requires substantial additional discovery, which is now in the hands of Cal Fire and PG&E. 

20 Indeed, plaintiffs learned for the first time (during a deposition) that PG&E employees were on the 

21 scene of the Zink property (where they observed all of the purportedly unpermitted electrical 

22 work) several months before the fire.3 

23 

24 3 PG&E Response: This statement is false. There has been no testimony that any PG&E employee 

observed the unpermitted electrical work; indeed, the individual who did the unpermitted electrical 

25 work has testified that he did not tell PG&E anything about what he had done and to his 

knowledge PG&E had no idea what work he did. Plaintiffs may be referring to a picture that was 

26 used during the Andrews deposition that was taken by a PG&E employee of the property at 1128 

27 Bennett Lane. That picture was taken in 2013, not "months before the fire". That was 4 years 

before the pole that may have caused the fire was replaced without a permit by an unlicensed 

28 electrician. 

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1 Moreover, there is no evidence discovered at this stage that the private lines on the Zink 

2 property caused the Tubbs fire. If PG&E has any such evidence, none has been produced in 

3 d. 4 1scovery. 

4 The volume of evidence required for examination in Tubbs is larger than any other fire. 

5 Plaintiffs wi11 likely require inspection of several distribution lines in the vicinity of the Zink 

6 property for further examination. Plaintiffs also recently discovered (from the deposition of a 

7 Calistoga Fire Fighter and deposition of an eye witness local resident) that PG&E was on scene, 

8 by the Zink property, performing electrical work within hours after the Tubbs fire started, despite 

9 PG&E not identifying any employees on scene at that time to the CPUC or in written discovery 

10 responses to Plaintiffs.5 Furthennore, the Zink property is only one suspected origin point of the 

11 Tubbs Fire. At this time, there exists the very real possibility that there are several origin points of 

12 the Tubbs Fire, and therefore, several cause and origin analyses that will need to be performed. 

13 Additional physical Tubbs fire evidence remains in the hands of Cal Fire, which cannot be 

14 disclosed without the added procedural hurdles caused by the tolling agreement, which neither the 

15 Court nor Plaintiffs were made aware of until after the last CMC. 

16 At this stage, categorizing Tubbs as a vegetation, non-vegetation, or any other category of 

17 fire is premature. It may be more than one. The piecemeal discovery completed thus far, without 

18 the access to physical evidence, does not provide a sufficiently detailed picture to set this case at 

19 the first trial. 

20 

21 

22 

23 4 PG&E Response: This is also false. Among other evidence, PG&E has co11ected the customer 

owned pole that may have started the Tubbs fire and Plaintiffs have been given the opportunity to 

24 inspect this evidence. 

25 5 PG&E Response: PG&E has no record of any PG&E personnel being on location. The Calistoga 

Fire Fighter testified only that he "is sure he saw some [PG&E personnel] or passed by some at 

26 some point, but I can't recall where or when". PG&E believes that the resident who testified that 

27 he saw PG&E personnel in the area was likely misremembering the events given the absence of 

any records that PG&E personnel were on scene the night of the Tubbs Fire and the fact that the 

28 witness made other statements about his recollection of events that are demonstrably incorrect. 

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1 

2 

3 

B. Number of Plaintiffs 

1. Plaintiffs' Position 

The number of plaintiffs will be dependent upon the types of claims presented in the first 

4 trial. In this respect, Plaintiffs propose that the Court try a group of claims representing the 

5 majority of types of claims that will be presented by average or typical plaintiffs in the litigation as 

6 a whole. With that in mind, Plaintiffs propose nine separate categories of claimants, each of whom 

7 holds one or more of the following types of claims. The aim here is to best provide information 

8 about claim value in the claim types most commonly seen in all of the fires as follows: 

9 

10 

11 

12 

13 

14 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Wrongful death 

Personal injury 

Total loss of home on property larger than 5 acres 

Total loss of home on property smaller than 5 acres 

Partial loss/non-total damage to home 

Commercial loss to non-winery 

Commercial loss to winery/vineyard 

Loss/displacement ofrenter/tenant with destruction of personal property 

Damage/destruction to raw land without loss of home 

An additional issue common in all of the fires cases is the right to claim emotional distress 

15 for plaintiffs who are within the "zone of danger" and who required evacuation. These are not set 

16 forth as a specific category. It is assumed that one or more of the plaintiffs who are selected as 

17 representatives holding one of the above 9 types of claims will also present an emotional distress 

18 claim. A plaintiff in categories two, three, four, five, and eight may well present such a claim. The 

19 same is true as regards subrogation. 

20 A plaintiff in categories three, four, five, six, and seven is presumed to have a carrier with 

21 a subrogation claim that will be tried with the individual plaintiff claims. 

22 

23 

2. PG&E's Position 

PG&E largely agrees with Plaintiffs' position. However, PG&E disagrees that the first trial 

24 should include Plaintiffs from categories 6 and 7, commercial loss to non-winery and commercial 

25 loss to winery/vineyard, respectively. Given the potential complexities associated with commercial 

26 damages, such as business interruption loss, PG&E believes that these categories should be dealt 

27 with in a subsequent trial. 

28 Moreover, PG&E proposes adding an Individual Plaintiff from an additional category: 

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1 annoyance damages (e.g., smoke and soot, erosion), but no real property loss. 

2 

3 

3. Plaintiff's Response 

Plaintiffs object to forcing a winery or business owner to wait for a subsequent trial. These 

4 types of damages are not too complex to be included in a first trial. 

5 

6 

C. Total Number of Plaintiffs 

The number of individual plaintiffs wi11 likely be somewhere between 15 and 20 

7 depending upon such factors as the number of wrongful death heirs, any potential loss of 

8 consortium case for any injury claim, whether real property or homeownership or tenancy is held 

9 in more than one name, whether commercial business owners are single or multiple individuals or 

10 businesses, etc. 

11 

12 

13 

14 

D. Key Characteristics Of Each Plaintiff And Selection Process As Trial 

Plaintiffs. 

1. Plaintiffs' Position 

Beyond having sustained their loss within the geographical limits of the specific fire (in 

15 this case, Atlas) each of the plaintiffs will represent the holder of a type of damage claim that 

16 arises from one of the nine plaintiff categories. Selection of individual plaintiffs holding a relevant 

17 cause of action is suggested to be made on a collaborative basis with plaintiffs' counsel providing 

18 defendant with a list of three or four suitable persons in each category who are fit to serve as a 

19 representative trial plaintiff, with supporting damage data and verification to validate their 

20 selection. Plaintiffs and defendant can co11aboratively select two or three persons in each category 

21 to make certain that as the trial date approaches, should any individual claim be settled another 

22 suitable plaintiff holding the same type of right or claim can be slotted into the vacated category. 

23 In this way suitable backup plaintiffs will be available, and when the matter proceeds to trial, there 

24 will be plaintiffs to fill each of the categories. As far as timing and selection, the process for 

25 plaintiff designation and selection can begin 30 days after the court determines which of the fires 

26 will be the first to proceed to trial. 

27 Individual Plaintiffs propose that cases representative of the nine categories of damages set 

28 forth above be tried in a unitary trial as bellwether cases. Initially, Plaintiffs would submit to 

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1 Defendants the names of not more than 5 cases which they believe are representative of each of 

2 the nine types of damage embraced within each of the categories identified. Plaintiffs' submission 

3 would include a brief description of the damages asserted within each category and the basis on 

4 which they assert that the case is representative. Defendants would have two weeks to review the 

5 submission and respond by indicating their acceptance or rejection and explain why a case is not 

6 acceptable. Plaintiffs similarly would have one week to review Defendants' response and either 

7 provide alternative plaintiff(s) or submit additional reasons to justify inclusion of an existing 

8 plaintiff. In the event the parties cannot reach an agreement at the conclusion of the two-week 

9 process, the parties would then submit their respective lists of bellwether cases to which they 

10 could not agree to the court. The court will make the final decision on which cases are selected for 

11 conducting damages discovery and trial. The goal is to select a sufficient number of cases for trial 

12 so that multiple clients' cases (3-4) are trial ready within each category. Should the first case in the 

13 category resolved by settlement prior to the date of trial, a second backup case would be ready to 

14 take its place. Should the first and second cases resolve by settlement, a third case would be trial 

15 ready. 

16 

17 

2. PG&E's Position 

PG&E agrees with Plaintiffs' proposal, except that PG&E believes it should also be 

18 permitted to propose a limited number of Plaintiffs (no more than three in each category) during 

19 the meet and confer process if it so chooses. 

20 

21 

22 

E. Estimated Number Of Witnesses 

1. Plaintiffs' Position 

The estimated number of witnesses will be influenced by any pretrial stipulations on the 

23 part of the defendant regarding both damage and issues, including of cause and origin, or other 

24 agreed-upon facts. 

25 Such stipulations have not as yet been discussed. Therefore, the following chart 

26 contemplates a trial of the Atlas fire wherein all of the evidence is required to be produced absent 

27 stipulated agreement, and the legal theories of liability which have been pleaded are fully litigated, 

28 including inverse condemnation, negligence, trespass, nuisance, damages under PUC § 2106, and 

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conduct warranting punitive damages pursuant to Civil Code section 3294. Further, this witness 

graph assumes that all damage theories including economic and noneconomic damages for 

personal injury, wrongful death and emotional distress; economic damages for loss of real 

property and personal property; economic damages for loss of use and/or loss of enjoyment of real 

property; and economic damages for loss to business operations, vineyard operations, and punitive 

damages are proved by the testimony of witnesses or the introduction of documentary evidence, in 

the absence of agreement, stipulation, judicial notice or other method of proof. 

PLAINTIFFS' DRAFT TRIAL ESTIMATE 

BASIC FACTS CAUSATION 

WITNESS TIME ESTIMATE6 

• Cal Fire Investigating Officer(s) to Describe Physical Evidence 1 Hour Each 

Supporting Tree-Line Contact (2-3 Witnesses). 2.5-3.0 Hours 

• Cal Fire Experts to Describe Physical Evidence of Tree 1 Hour Each 

Condition and Opinion of Cause of Tree-Line Contact (2-3 2.5-3.0 Hours 

Experts from Cal Fire). 

• Eyewitness Testimony, If Any, Supporting Origin of Fire . 30-45 Minutes 

5.50-6. 75 Total Hours 

PG&E w• 11, 

SUBJECT: Training & Qualifications of Third Party Tree Inspectors 

(Contract Utility Foresters) 

WITNESS TIME ESTIMATE 

• PG&E PMK Regarding Hazard Tree Rating System Used to 1.5 Hours 

Identify Potential Risk of Tree Contacting Electrical Line. 

• Supervising Vegetation Program Manager: To Establish Wither I Hour Each 

Performance Criteria for Tree inspection s Within the District and 3 Hours 

Region Where Fire Originated Were Satisfied (Possibly 3 

Witnesses) 

• PG&E Vegetation Inspection Contract Manager(s) to Establish 1.5 -2 Hours 

Whether Qualification of Tree Inspectors Were Satisfied. 

• PG&E Quality Control Project Manager(s) to Establish 3.0 -3.5 Hours 

Knowledge of Deficiencies in Tree Inspections by Third Party 

Contractors. 

6 All time estimates include direct and cross. 

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PG&E WITNESSES 

Subject: Failure of PG&E Managing Agents to Manage Wildfire Risk 

WITNESS TIME ESTIMATE 

PG&E Director Risk Management For Compliance of Vegetation 3.0-3.5 Hours 

Management Standards to Establish Whether Tree Clearance 

From Electrical Lines Met Requirements. 

PG&E Director Risk Management to Establish Process for 3.0-3.5 Hours 

Identification & Removal of Hazard Trees. 

PG&E Operations Manager Vegetation Management to Establish 3.0-3.5 Hours 

Historical Process for Evaluating Effectiveness of Measure to 

Manage Risk of Wildfire. 

PG&E Program Manager(s) Vegetation Management to Establish 3.0-3.5 Hours 

Continued Failures for Managing Wildfire Risk. 

Years 2000-2017. (3 or More Witnesses to Cover Years 

Indicated) 

PG&E Program Managers For Public Safety & Reliability 2.0-2.5 Hours 

("PS&R"). 

PG&E Manager for Governance & Support re: Budgets for 2.0-2.5 Hours 

Vegetation Management Historically and Through the Date of 

This Incident. 

PG&E Senior Compliance Specialist re: (l) Quality Assurance 3.0-3.5 Hours 

Audits; (2) Vegetation Management Incentive Program; (3) 

CPUC Fines & Penalties. 

PG&E Senior Manager, Vegetation Management of Operations 3.0-3.5 Hours 

re: Process for Assessment of Wildfire Risk. 

PG&E Quality Assurance Specialist to Identify Processes & 3.0-3.5 Hours 

Procedure for Evaluating Effectiveness oflnspections of Trees to 

Meet Compliance Standards & Identify Hazard Trees. 

PG&E PMK re: Process and Use of LiDAR Data for Inspections 2.0-2.5 Hours 

of Trees in the Area of Fire origin and Reports Related Thereto. 

31-36 Total Hours 

SUBJECT: Corporate Disregard for Management of Wildfire Risk 

WITNESS TIME ESTIMATE 

Director(s) of Risk Management & Compliance, Vegetation 3.0-3.5 Hours 

Management to Evaluate Effectiveness of Mitigation Measures 

PG&E Relied Upon to Manage Wildfire Risk. 

Vice President Electric Strategy and Asset Management to 3.0-3.5 Hours 

Establish Whether Policies & Processes to Control Risk of 

Wildfire Were Audited or Evaluated. 

PG&E Vice President Electric Distribution to Address 3.0-3.5 Hours 

Effectiveness of Risk Management Process. 

CEO PG&E re: Policy for Management of Wildfire Risk. 2.5 Hours 

SUBJECT: Failure to De-Energize or De-Activate Reclosers 

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• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

PG&E WITNESSES 

WITNESS TIME ESTIMATE 

PG&E PMK re: Role & Responsibility of Emergency Operations 3.0-3.5 Hours 

Center Activated On or Before October 5, 2017 to Monitor 

Events Leading Up To October 8, 2017 Fire. 

PG&E PMK re: Policy, Practice & Procedure for Monitoring 2.5-3.0 Hours 

Weather Conditions in Advance of This Incident. 

PG&E PMK re: Policy, Practice & Procedure for De-Activating 2.5-3.0 Hours 

Reclosers. 

PG&E PMK re: Failure to De-Activate Reclosers in Advance of 2.5-3.0 Hours 

October 8, 2017 Events. 

PG&E PMK re: Failure to De-Energize Lines in Advance of 3.0-3.5 Hours 

October 8, 2017 Events. 

PG&E PMK re: Policy, Practice Or Procedures For De- 3.0-3.5 Hours 

Energizing Lines, Historical Background Regarding Any 

Evaluation of This Risk Prevention Measures Prior to This 

Incident. 

33-38.5 Total Hours 

3J.U1 PARTY WITNESSES 

WITNESS TIME ESTIMATE 

Supervisor for Tree Inspection Company in Region of Fire Origin 3.0 -3.5 Hours 

to Establish Failure to Satisfy Performance Criteria. 

Certified Urban Foresters Assigned to Inspect Area of Suspected 

Fire Origin to Identify Hazard Trees Posing a Threat to 

2.5-3.0 Hours 

Distribution Line. 

Tree Trimmers Assigned to Trim Trees in Area of Suspected 3.5-4.0 Hours 

Origin of Fire (2-3 Witnesses). 

Tree Inspectors Assigned to Conduct CEMA Foot Patrols 3.0-3.5 Hours 

(Independent Inspections to Identify Tree Hazards [There are 

Multiple Individuals Involved in Patrol] {Up to 3} ). 

12-14 Total Hours 

EA.r I'..K J. -' 

WITNESS TIME ESTIMATE 

Plaintiffs' Expert re: Arboriculture and Tree Risk Analysis . 3.0 Hours 

Plaintiffs' Expert re: Electrical Accident Investigation, Contact & 3.0 Hours 

Causation. 

Plaintiffs' Expert re: Fire Cause and Origin . 3.0 Hours 

Plaintiffs' Expert re: Quality Assurance Sampling and Audit 3.0 Hours 

Process. 

Plaintiffs' Expert re: Risk Management Standards for Wildfire 3.0 Hours 

Prevention and Mitigation Measures. 

13 

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• Plaintiffs' Expert re: Identification of Hazard Trees Through Use 3.0 Hours 

of LiDAR Data. 

18 Total Hours 

n A 1\11 A £'11""' 

.FACT WITNESSES 

WITNESS TIME ESTIMATE 

• Plaintiff( s) 3.0-3.5 

- Describe Extent of Economic & Non-Economic Losses 

• Fact Witnesses to Corroborate Plaintiffs' Damages (2-3) 30-45 Minutes Each 

1.5-2.0 Hours 

EXPERTS 

WITNESS TIME ESTIMATE 

• Plaintiffs' Expert re: Fair Market Value of Property Pre- & Post- 2.0 Hours 

Incident. 

• Plaintiffs' Expert re: Cost to Rebuild Structure(s) . 2.0 Hours 

• Plaintiffs' Expert re: Cost of Erosion Control Measures, If Any . 1.5-2.0 Hours 

• Plaintiffs' Expert re: Loss of Personal Property, if Necessary (No 1.5-2.0 Hours 

Stipulations). 

• Plaintiffs' Expert re: Cost to Restore Lost Vegetation & Amenity 1.5-2.0 Hours 

Trees. 

• Plaintiffs' Expert re: Losses to Vineyards or Loss of Profits to 1.5-2.0 Hours 

Business Owners. 

• Plaintiffs' Expert Economist Wrongful Death, Cost of Future 1.5-2.0 Hours 

Medical or Mental Health Care, and/or Loss of Earning Capacity. 

• Plaintiffs' Medical or Mental Health Care Expert Depending on 1.5-2.0 Hours 

Claims of Injury or Severe Emotional Distress Claims. 

17.5 21.5 Total --11nnrs 

Assuming PG&E Has Same Number of Experts with similar time 17.5 - 21.5 Total 

estimates Hours 

GRAND TOTAL OF HOURS FOR PLAINTIFFS: 134.5 156.25 Hours 7 

2. PG&E's Position 

There are approximately 29 vegetation management-related witnesses that Plaintiffs 

identify above who would not be necessary for a Tubbs Fire trial. These witnesses alone comprise 

approximately 69 hours (more than half) of Plaintiffs' proposed trial time. PG&E also disagrees 

7 Using 4 hours per day trial estimate is 33.63 39 days OR 8-12 weeks including voir dire, 

opening statement, and closing argument. 

14 

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with many of the estimates provided by Plaintiffs above. For example, PG&E disagrees with 

Plaintiffs concerning the apparent scope of any Cal Fire testimony. PG&E also believes that at 

least 3-6 eyewitnesses to the fire would need to testify along with at least 3-4 emergency first 

responders (which, as noted below, is the same expectation PG&E has with respect to Tubbs). 

PG&E also disagrees that many of the categories of testimony concerning PG&E systems will be 

admissible at an Atlas Fire Trial. 

PG&E'S DRAFT TRIAL ESTIMATE FOR TUBBS FIRE 

BASIC FACTS 

WITNESS TIME ESTIMATE8 

• Caretaker of 1128 Bennett Lane (Alleged Tubbs Origin Point) 4 Hours 

• Third Party Witnesses Who Performed Electrical Work at 1128 4-6 Hours Total 

Bennett Lane (Alleged Tubbs Origin Point) for the Property 

Owner (2-3 Witnesses) 

• Owners of 1128 Bennett Lane (Alleged Tubbs Origin Point) (2-3 3-4.5 Hours Total 

witnesses) 

• Eyewitness Testimony Supporting Origin/ Spread of Fire (3-6 3-6 Hours Total 

Witnesses) 

• Emergency First Responders to the Tubbs Fire (3-4 Witnesses) 3-4 Hours Total 

• PG&E Employee Who Photographed at 1128 Bennett Lane 1 Hour 

(Alleged Tubbs Origin Point) Prior to Fire 

• PG&E Troubleman Who Responded to Area of 1128 Bennett 1 Hour 

Lane (A11eged Tubbs Origin Point) 

• Individual Plaintiffs ( selection from approximately 15 plaintiffs) 5 Hours Total 

• Public Entity Witnesses regarding fire response and recovery 2-3 Hours Total 

(2-3 witnesses) 

26-34.5 Total Hours 

PG&E w• 11, - Subject: PG&E's Management of Wildfire Risk 

WITNESS TIME ESTIMATE 

• PG&E Employee With Oversight of Its Electric Operations 5 Hours 

Patrols and Inspections 

• PG&E Employee Concerning De-Energization & Recloser 7 Hours 

Protocols 

• PG-\'rFT'. ' W1th n oflt-, ....,., R 6 Hours 

8 All time estimates include direct and cross. 

15 

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PG&E WITNESSES 

Protocols 

19 Total Hours 

EXPERTS 

WITNESS TIME ESTIMATE 

PG&E Expert re: Electrical Engineering to testify regarding the 3 Hours 

electrical facilities (PG&E and private) at and around 1128 

Bennett Lane and whether such facilities contributed to the Tubbs 

Fire's ignition 

PG&E Expert re: Fire Cause and Origin to testify where the 3 Hours 

Tubbs Fire started and how 

PG&E Expert re: Metallurgy to testify regarding what the 2 Hours 

physical elements of metal demonstrates about electrical events 

PG&E Expert re: Fire Modeling to testify regarding how the 2 Hours 

Tubbs Fire spread 

PG&E Expert re: Wind and Weather at Fire Location to testify 2Hour 

regarding the wind speeds and weather at and around 1128 

Bennett Lane on October 8, 2017 

PG&E Expert re: Climate Change to testify regarding the effects 3 Hours 

of climate change on Northern California, particularly as it relates 

to increased wildfire risk 

PG&E Expert re: Electrical Systems to testify regarding various 3 Hours 

programs used by utility companies, such as reclosers and deenergization protocols 

PG&E Expert re: LiDAR / Video Expert to testify regarding 1.5 Hours 

analysis of video footage of the Tubbs Fire 

19.5 Total Hours 

Assuming Plaintiffs Have Same Number of Experts with similar time 19.5 Total Hours 

estimates 

DAMAGES 

EXPERTS 

WITNESS TIME ESTIMATE 

PG&E Expert re: Fair Market Value of Property Pre- & Post- 2.0 Hours 

Incident 

PG&E Expert re: Cost to Rebuild Structure(s) 2.0 Hours 

PG&E Expert re: Cost of Erosion Control Measures, If Any 1.5-2.0 Hours 

PG&E Expert re: Loss of Personal Property, if Necessary 1.5-2.0 Hours 

PG&E Expert re: Cost to Restore Lost Vegetation & Amenity 1.5-2.0 Hours 

Trees 

PGA'rF TIA D TTT 

vv .. " DPMh t'os:t of F11t11rP 1.5-2.0 Hours 

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3 

4 

5 

6 

7 

8 

9 

Medical or Mental Health Care, and/or Loss of Earning Capacity. 

PG&E Medical or Mental Health Care Expert Depending on 

Claims of Injury or Severe Emotional Distress Claims. 

1.5-2.0 Hours 

11.5-14 Total Hours 

Assuming Plaintiffs Have Same Number of Experts with similar time 11.5-14 Total Hours 

estimates 

GRAND TOTAL OF Hours: 107-120 Hours9 

F. Estimated Number Of Days For Trial Accounting For Cross-Examination 

1. Plaintiffs' Position 

Plaintiffs estimate that the trial of the cases described herein will take 6 to 8 weeks, 

1 o including voir dire, opening statement, final argument and jury deliberation, assuming that all 

11 issues relating to liability and damages are fully tried without any stipulation as to cause and 

12 origin or fault or nature and extent of damages. 

13 

14 

2. PG&E's Position 

PG&E anticipates that a Tubbs Fire trial would last approximately five to seven weeks, 

15 including voir dire, opening statement, closing argument and jury deliberation. 

16 

17 

18 

G. Proposed Trial Date And Discovery Cut-Off For Trial Cases 

1. Plaintiffs' Position 

Assuming the ESI production is largely completed by the third week of December, 

19 Plaintiffs believe that an appropriate trial date for the first trial of these cases is August 19, 201 9. 

20 Plaintiffs propose that factual discovery be closed for the August 19, 2019 trial 90 days 

21 prior to the trial date. Plaintiffs additionally propose that expert disclosure take place 80 days, 

22 rather than the statutory 50 days prior to trial, and that supplemental experts be disclosed 60, rather 

23 than 30 days before trial, with expert discovery concluding 25 days prior to trial. 

24 

25 

26 

2. PG&E's Position 

PG&E is continuing to assess the progress of its back-up tape restoration. Those back-ups 

27 

9 Using 4 hours per day, PG&E's trial estimate is 26.75-30 trial days or approximately 4-6 weeks 

for trial witness time. PG&E also estimates 1 additional week would be necessary for voir dire, 

28 opening statement and closing argument. 

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1 comprise approximately 1.3 Petabytes of data ( over 1,000,000 gigabytes, which is approximately 

2 one-half of the data in all United States academic research libraries combined). PG&E is 

3 employing a vendor called Index Engines to assist in this restoration, using their proprietary 

4 software to index the contents of the back-up tapes and restore the snapshots of mailboxes for the 

5 121 agreed custodians that were taken by the company approximately twice yearly going back to 

6 2010. 

7 At this time, PG&E has only been able to extract the relevant data from a little over one8 third of the tapes, although PG&E started restoring its back-up tapes even before the parties had 

9 agreed custodians. PG&E has been backing up the mailboxes of every employee going back to 

10 2010 on virtual tapes, and these mailboxes are distributed in such a way that the back-ups for all 

11 employees must be indexed in order to locate the mailboxes for the 121 agreed custodians. The 

12 process has been significantly slower than expected for two reasons: (1) the volume of data 

13 requiring indexing has been significantly larger due to the distributed manner in which the 

14 company stores email back-ups (requiring indexing of nearly all of the company's back-up tapes); 

15 and (2) the pace at which the company has been able to index this immense volume has been 

16 slower than expected. PG&E and its vendors have been exploring various options to try to address 

17 the second issue (unfortunately nothing can be done with respect to the first). At this time, it does 

18 not appear the chances of success are high. 

19 PG&E therefore believes that it will be substantially complete with document production 

20 by February 15, 2019. Accordingly, PG&E proposes that an appropriate trial date is September 23, 

21 2019. 

22 PG&E proposes that document discovery close March 1, 2019 and that fact depositions be 

23 closed for the September 23, 2019 trial 90 days prior to the trial date. After March 1, 2019, 

24 Plaintiffs will be able to serve additional document discovery only for good cause shown. 

25 PG&E agrees with Plaintiffs that expert disclosure should not follow the schedule and 

26 procedure set forth in the code. Plaintiffs have proposed that expert disclosure take place 80 days 

27 prior to trial, and that supplemental experts be disclosed 60 days before trial, with expert discovery 

28 concluding 25 days prior to trial. PG&E does not believe this is sufficient given the expected 

18 

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1 number of experts and the significance of this matter and the expert testimony to the core issues 

2 that will be tried. Accordingly, PG&E proposes that the parties exchange formal expert reports, 

3 rather than just disclosures of expert names and general topics. This approach will minimize 

4 surprise at trial, allowing the parties to streamline the presentation of evidence and present any 

5 motions concerning expert testimony in advance of trial so as to avoid disrupting the trial and 

6 wasting jury time. PG&E proposes that opening reports be exchanged 100 days prior to trial, 

7 supplemental reports be exchanged 70 days prior to trial and all expert depositions be conducted 

8 between 70 days prior to trial and 30 days prior to trial. 

9 

10 

3. Plaintiff's Response 

PG&E has now again extended the deadline for substantial completion of document 

11 discovery. The notion that document discovery would close two weeks later (absent good cause) 

12 makes no sense. Given the pace of productions thus far, it will take longer than two weeks for 

13 PG&E to produce a privilege log, identify which responses to document requests are complete, or 

14 otherwise identify which materials respond to which specific request. There is no sound basis to 

15 cutoff discovery, particularly on documents, any sooner than 90 days before trial. 

16 Expert reports are neither authorized by Code nor necessary here. The expert discovery 

17 statutes (CCP 2034.010 ct seq.) and accompanying declarations provide ample notice of the 

18 substance, basis and anticipated scope of expert testimony. Disclosing experts 80 days prior to 

19 trial addresses any concerns PG&E has outlined above. Written reports do nothing more than 

20 compress the amount of time plaintiffs will have to fairly complete their liability discovery, the 

21 majority of which rests in the hands of PG&E. 

22 

23 

24 

H. Proposed County For Trial 

1. Plaintiffs' Position 

Plaintiffs submit that the San Francisco Superior Court is the appropriate venue for trials in 

25 these cases. This Court is best equipped in terms of resources, and the potential venire is likely to 

26 contain fewer individuals who have personal knowledge or experience with the fires. 

27 As a practical matter, because Napa County (the only other appropriate venue for the Atlas 

28 fire) is relatively small, there will be great difficulty with jury selection. A majority of the county's 

19 

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1 residents were negatively affected by the fire and judges and court staff may also have been 

2 negatively affected or have suffered injury or property losses. The difficulty with finding an 

3 impartial jury in Napa County for the Atlas fire could potentially extend the process of jury voir 

4 for a period of weeks. A similar problem arises with relocating any trial of the Tubbs or Redwood 

5 or other Sonoma-based fires to Sonoma County where tens of thousands of potential jurors have 

6 been impacted and most residents of the county, whether actual victims or not, have been 

7 personally impacted. Victims' friends, neighbors and others have all heard and seen much of the 

8 tragedy. San Francisco is an appropriate venue since it is where the defendant is located, has more 

9 judges, courtrooms and support staff than the other venues, and has the resources to manage 

10 complex litigation such as this. 

11 Whether the matter proceeds in department 304 or whether department 304 manages the 

12 case(s) up to and through case assignment via master calendar or single assignment to a specified 

13 judge upon agreement of the parties is agreeable to Plaintiffs. 

14 

15 

2. PG&E's Position 

PG&E believes that the Tubbs Fire trial ought to occur in Sonoma County. 10 As described 

16 above, there were thousands of homes destroyed in the Tubbs Fire. The overwhelming majority of 

17 those homes were in the Sonoma County. Although there is no dispute that the Tubbs Fire started 

18 in Napa County and Napa County was impacted, the Tubbs Fire was primarily a Sonoma County 

19 event. Sonoma County residents experienced the aftermath of the Tubbs Fire and have watched as 

20 their community has tried to recover from the tragedy over the past year. Sonoma County and its 

21 residents therefore deserve the opportunity to resolve the question ofliability. (Cal. Civ. Proc. 

22 § 395(a) ("if the action is for injury to person or personal property or for death from wrongful act 

23 or negligence" the superior court in either the county where the injury occurs or the injury causing 

24 death is a proper venue).) Contrary to Plaintiffs' assertion, PG&E does not believe that San 

25 Francisco residents' lack of personal knowledge or experience with the North Bay Fires is a 

26 

27 

10 To the extent the Court agrees with Plaintiffs and not PG&E regarding Plaintiffs' proposal that 

an Atlas Fire case be tried first, PG&E requests that an Atlas Fire bellwether trial be held in Napa 

28 County, which is where the overwhelming majority of the damage occurred. 

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1 positive attribute. 

2 As PG&E stated at prior conferences, it believes that it would be efficient for the Court to 

3 preside over the trial in either Sonoma or Napa County to the extent that the Court is able and 

4 available to do so. Presiding over the trial in a county other than San Francisco is within this 

5 Court's discretion. (See California Rule of Court 3.541 (b )(2) (coordination trial judge may 

6 "schedule and conduct ... a trial or trials at any site within this state that the judge deems 

7 appropriate"); Keenan v. Superior Court, 111 Cal. App. 3d 336, 341, 343 (1980) ("coordination 

8 judge is not to be constrained by the preexisting law relating to the place of trials" and shall have 

9 "broad discretion to conduct proceedings in various places as may be appropriate").) To the extent 

10 that this Court will not preside over the trial in either Sonoma or Napa County, PG&E requests 

11 that a judge in one of those counties be assigned as the trial judge. PG&E would object to 

12 proceeding with the master calendar or single assignment approach in Department 304. 

13 As this Court recognized, it has the authority to transfer a case to another jurisdiction for 

14 trial. (2/27/2018 Tr. at 29:3-13 ("The Court: If [the Plaintiffs] file here in the first instance let's 

15 say both Napa County and San Francisco are proper. We could encourage in the case of the draft 

16 case management order that you're going to provide, we can encourage them to file here in the 

17 first instance, I would think, just to make life easier for everybody and probably to lower costs. 

18 And if they did so, I don't think it would prevent me, for example, from sending the case to Napa 

19 County for a trial if it turns out that's the right thing to do for a wide variety of reasons").) 

20 Plaintiffs' Leadership has already agreed that they would "have no problem" with that. (Id. at 

21 29: 16-23.) The county primarily affected by the Tubbs Fire, Sonoma, is the appropriate venue for 

22 any Tubbs Fire case to be tried, and the Court should transfer the Tubbs Fire bellwether trial 

23 accordingly. 

24 

25 

3. Plaintiff's Response 

An initial trial in either Sonoma or Napa Counties would be far more difficult to complete 

26 on the basis of logistics alone. 

27 There is a practical reason these cases were assigned to San Francisco. The Judicial 

28 Council has determined this Court has the resources to enable the best chances of a trial moving 

21 

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1 forward on schedule. 

2 Though Plaintiffs are certainly willing to consider subsequent trials in Napa or Sonoma, 

3 there is no good reason to add a layer of complexity by transferring venue for the first trial in these 

4 proceedings. 

5 II. 

6 

7 

GENERAL DISCOVERY CUT-OFF 

A. Plaintiffs' Position 

Plaintiffs believe a generic overall discovery cut-off is not appropriate at this time. 

8 Liability discovery is continuing and proceeding on several tracks. The facts, evidence and 

9 documents relating to liability discovery are outside of the parties control given governmental 

10 investigations. There cannot be a liability discovery cut off until such time as the relevant facts, 

11 documents and evidence is available, the parties can complete the deposition and fact discovery 

12 relating to each fire and the Court rules on course and scope. 

13 

14 

B. PG&E's Position 

As stated above, PG&E proposes that fact document discovery close March 1, 2019 and 

15 that fact depositions be closed for the September 23, 2019 trial 90 days prior to the trial date. As 

16 Plaintiffs stated at the September 21 Case Management Conference, "corporate discovery" (i.e., 

17 non-fire related discovery) cannot begin until PG&E substantially completes document 

18 production. PG&E therefore believes that there must be a date by which Plaintiffs have to serve all 

19 Requests for Production ( absent good cause) as well as a date by which PG&E must substantially 

20 complete production of documents responsive to those requests. PG&E agrees, of course, that 

21 Plaintiffs may serve additional Requests for Production after that date where they can demonstrate 

22 good cause. 

23 

24 

C. Plaintiffs' Response 

It is premature to discuss a liability fact discovery cut off, either generally or specifically as 

25 to one fire. At this stage, PG&E still has not completed document productions responsive to 

26 requests that Plaintiffs propounded on March 12, 2018. Production has been rolling, titrated, and 

27 transmitted in a manner that has confounded Plaintiffs' efforts to understand when various 

28 productions are complete, and which documents are responsive to which requests. 

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1 Plaintiffs can address specifics at the hearing, including the meet and confer efforts which 

2 have been ongoing and exhaustive. Just last week, Plaintiffs' e-discovery vendor transmitted to 

3 Plaintiffs a letter explaining that the manner, cadence, and composition of PG&E's productions 

4 are so outside the boundaries of industry expectations and norms, that processing these 

5 productions for review has proven to be an unusually challenging and time consuming project. 

6 Plaintiffs have since forwarded this letter to PG&E's counsel for yet a further round of meet and 

7 confer conversations. 

8 While the parties have made some progress in addressing issues with PG&E's document 

9 productions, there is no way PG&E can today provide a reliable date upon which responsive 

10 document productions will be substantially complete, followed by a document request cutoff two 

11 weeks after that date. 

12 Finally, this is a JCCP, not a single case event, involving tens of thousands of plaintiffs. 

13 The evidence is going to advance over time. An all-encompassing liability fact discovery cut off 

14 connected with the first trial makes no sense in the context of a large coordinated action. 

15 III. 

16 

17 IV. 

18 

19 

PREFERENCE TRIAL SETTING 

The parties are negotiating a protocol for preference trial settings. 

PROCEDURES TO REFINE LEGAL ISSUES 

A. Early Instruction Conference 

The parties agree that the Court should have an early jury instruction conference once a 

20 case is set for trial. 

21 

22 

23 

B. Summary Judgment or Adjudication, Early In Limine Motions or Motions 

Under Cal. Code Proc.§ 437(c)t) 

The parties also agree that there are certain issues that should be appropriately addressed 

24 through summary judgment or adjudication, early in limine motions or motions under Cal. Code 

25 Proc. § 437(c)(t). Those issues could include, for example: 

26 

27 

28 

• whether punitive damages are available against PG&E; 

• whether fire constitutes a trespass sufficient to trigger double damages pursuant to 

Civil Code Section 3346; 

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1 

2 

3 

4 

5 

6 

7 

8 

• whether any Cal Fire report should be excluded; 

• whether prior wildfire incidents should be excluded; 

• whether PG&E's policies or practices that are unrelated to programs at issue with 

respect to the relevant fire should be excluded; 

• whether evidence concerning PG&E executive compensation and bonuses should 

be excluded; and 

• whether lay witnesses should be permitted to offer medical opinion testimony. 

The parties will continue to meet and confer regarding how issues of inverse condemnation 

9 will be resolved. 

10 The parties do not believe that a bench trial or bifurcated trial on any issues would be 

11 appropriate or efficient. The parties do believe that it would be useful to the Court, to the parties 

12 and, to the extent another judge ultimately tries the bellwether trial, to that judge, to have early 

13 resolution by this Court of critical evidentiary issues. 

14 V. 

15 

INDIVIDUAL ISSUES SURROUNDING DIRECT ACTION PLAINTIFFS 

CMO 2 states, "The parties agree to have lead plaintiffs' counsel obtain responses from all 

16 plaintiffs to the questions, in effect: (i) if they saw what could have been the ignition of a fire, or 

17 (ii) know of someone who may have done so, or said they did. No verified responses are 

18 required." The plaintiffs provided PG&E both an updated account of plaintiffs' compliance with 

19 CMO 2 and separate witness reports organized by fire. 

20 

21 

A. CMO 2 - Compliance Report 

Since the September 17, 2018 Case Management Conference, there have been another 500 

22 plaintiffs coordinated into the JCCP. There are now approximately 3167 individual plaintiffs in 

23 this JCCP. Individual Plaintiffs' leadership have been working with Brown Greer to ensure 

24 compliance and prepare the CMO 2 reports. The plaintiffs have almost 3000 complete responses 

25 (94%), with more than 1000 completed in the last 30 days. The remaining cases fall into several 

26 categories: 

27 New Cases. Because each firm has kept in active communication with Individual 

28 Plaintiffs' liaison, the plaintiffs have been able to update the CMO 2 report with most of the new 

24 

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1 cases that have come into the JCCP. Obviously, some plaintiffs have not had a sufficient 

2 opportunity to respond. Plaintiffs thus propose to update the CMO 2 reports for new cases every 

3 sixty ( 60) days. 

4 Cases Involving Entities or Trusts. Obviously, a non-living entity such as a business or a 

5 tmst cannot be a witness to the ignition of a fire. 

6 Cases Identified as Non-Responsive or Incomplete. The plaintiffs' liaisons are working 

7 with the few firms left to complete their responses that have been identified as lacking or 

8 incomplete. Beyond compliance issues, there are some specific issues that we will need to address. 

9 For example, the Franz and Singleton firms have identified a number of individual plaintiffs they 

10 cannot locate and are now missing. 

11 

12 

B. CMO 2 - Plaintiffs as Witnesses 

Individual Plaintiffs' leadership has identified plaintiffs who, as of October 15, 2018 claim 

13 to have witnessed a fire's ignition. These are plaintiffs (human beings) who currently have 

14 provided affirmative responses to the questions posed to them about their personal knowledge. 

15 The Plaintiffs' leadership has sorted the individual plaintiffs by fire and has also provided to 

16 PG&E addresses for these plaintiffs as well as the law firm representing these plaintiffs. 

17 As noted again on October l st, only a tiny percentage of individuals who have filed 

18 lawsuits claim to have witnessed ignition of a fire or claim to know someone who claims to have 

19 witnessed a fire's ignition. Plaintiffs are providing to PG&E a supplemental report on addresses. 

20 Also, there are plaintiffs who at first reasonably said "yes" but either the plaintiff initially 

21 misinterpreted the question, the firm did not correctly enter the data, or the plaintiff did not claim 

22 to witness the actual ignition. Plaintiffs are providing that list to PG&E as well. 

23 

24 

C. CMO 2 - Witnesses Identified by Plaintiffs 

The Plaintiffs' leadership has also provided a report to PG&E that identifies those 

25 plaintiffs (human beings) who provided affirmative responses with respect to third-party 

26 witnesses. The leadership has sorted the individual plaintiffs who provided affirmative responses 

27 by fire and has also provided to PG&E the addresses for these witnesses and the law firm 

28 representing these plaintiffs. Most of these witnesses are represented by counsel, and Plaintiffs 

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1 have requested that PG&E not contact these individuals directly. The parties are meeting and 

2 conferring regarding further discovery. 

3 

4 

5 

D. Production of Damage Information 

1. Plaintiffs' Position 

Although case specific individual damage discovery is stayed under CMO 1, the parties 

6 have commenced discussions regarding methods by which Plaintiffs can gather case specific 

7 damage related information and promptly present it to PG&E without overwhelming the 

8 individual plaintiffs with formal case specific discovery. The CMO 2 voluntary process worked 

9 with the assistance of Brown Greer. The first step in this process is for each plaintiff to confirm 

10 through Plaintiffs' leadership the categories of damage claims stated court ordered Notice of 

11 Adoption. The parties will report more on this process at the status conference. 

12 

13 

2. PG&E's Position 

The more than 100 cases that are still out of compliance belong to the Frantz Law Group, 

14 APLC and the Singleton Law Firm. Frantz Law Group has the vast majority of the cases. These 

15 Plaintiffs appear to have either become non-responsive or decided not to pursue their cases. These 

16 cases should be dismissed for failure to prosecute and failure to comply with this Court's Order. 

17 PG&E is working with Plaintiffs' Leadership on the voluntary production of damage 

18 information as set forth above. 

19 VI. 

20 

21 

MEDIATION 

A. Individual Plaintiffs 

The parties have agreed on the selection of a team of two experienced mediators, Judge 

22 Daniel Weinstein and Robert Meyer, to facilitate mediation of the Individual Plaintiffs' claims. 

23 PG&E and the Individual Plaintiffs are discussing the next steps in the mediation process. 

24 

25 

B. Subrogation Plaintiffs 

PG&E and the Subrogation Plaintiffs have agreed to mediation. Retired Judge Vaughn R. 

26 Walker has been proposed to act as a Mediator. PG&E and the Subrogation Plaintiffs are 

27 finalizing the selection of the Mediator and discussing the next steps in the mediation process. 

28 

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1 C. Public Entities 

2 PG&E and the Public Entity Plaintiffs are in the process of selecting a mediator. 

3 VII. CAL FIRE EVIDENCE 

4 Plaintiffs originally filed a motion to compel production of Cal Fire's investigative reports 

5 on August 9, 2018. On August 14, 2018, Plaintiffs' counsel served the Attorney General with 

6 subpoenas to inspect the Cal Fire evidence. When Cal Fire filed its opposition to the motion to 

7 compel on August 22, Cal Fire made several procedural arguments, including that Plaintiffs had 

8 provided insufficient notice due to a confusion in service. Plaintiffs' counsel considered re9 noticing the motion, but the earliest possible hearing date per the Code (and Court availability) 

10 was September 24th. Since the one-year criminal statute of limitations was set to expire on 

11 October 8, 2018, Plaintiffs' counsel decided to reach a compromise with Cal Fire instead. 

12 On August 29, 2018, the Attorney General and Plaintiffs' counsel agreed that Cal Fire 

13 would allow Plaintiffs access to the investigative reports and evidence immediately after October 

14 8, 2018, if no charges were brought by the relevant District Attorney for any county where the 

15 specific fire occurred. As part of that agreement, Cal Fire agreed to extend by 180 days the time 

16 within which Plaintiffs may enforce their subpoenas for the investigative reports and evidence. 

17 On October 4, 2018, Plaintiffs' counsel was informed that PG&E and the District 

18 Attorneys of certain counties including Sonoma, Napa, Mendocino and Lake had entered into 

19 tolling agreement related to potential criminal charges, effectively extending the statute of 

20 limitations by six months. 

21 Plaintiffs' counsel contacted the Attorney General immediately and was informed that he 

22 did not know these agreements had been negotiated. The Attorney General was ultimately 

23 provided with a copy of the tolling agreements. 

24 With this material change in circumstances, Plaintiffs' counsel and the Attorney General 

25 started new negotiations which have been ongoing since October 4, 2018, including many layers 

26 of involved bureaucracy. 

27 

28 

On October 12th, Plaintiffs' counsel and the Attorney General agreed to the following: 

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1. 

2. 

3. 

Cal Fire will produce the investigative reports and evidence from the unreferred 

(ires and any fire that has been resolved through a settlement (e.g., the Honey Fire). 

The evidence will be turned over to all parties in this case pursuant to a stipulation 

related to the storage location and a protocol. PG&E has also agreed to enter into 

this stipulation with Plaintiffs. 

Cal Fire is currently working to provide deposition dates for the investigators of the 

unreferred fires. The Attorney General represented to Plaintiffs' counsel that he 

expects there to be depositions going forward in late October and early November. 

Cal Fire will not block any evidence inspections or disclosure of reports related to 

referred fires if PG&E and Plaintiffs enter into agreements with the District 

Attorneys for this to happen. PG&E and Plaintiffs are currently working to contact 

the District Attorneys and negotiate an agreement with the following terms: (1) a 

nondestructive inspection with both the District Attorneys and Cal Fire present; and 

(2) production of the investigative reports pursuant to the protective order entered 

in this case and under a highly confidential designation. 

If Plaintiffs and PG&E cannot reach an agreement with the District Attorneys related to the 

reports and/or evidence for the unreferred fires, then the parties intend to file a joint motion to 

14 

15 compel. 

16 

17 

Dated: October 22, 2018 WALKUP, MELODIA, KELLY & SCHOENBERGER 

18 

19 By: Isl Michael A. Kelly 

MICHAEL A KELLY 

20 Attorneys for Individual Plaintiffs 

21 Dated: October 22, 2018 BERGER KAHN 

22 

23 

24 By: Isl Craig Simon 

CRAIG SIMON 

25 Attorneys for Subrogation Plaintiffs 

26 

27 

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Dated: October 22, 2018 

Dated: October 22, 2018 

BARON & BUDD 

By: Isl Scott Summy 

SCOTT SUMMY (admitted pro hac vice) 

Attorneys for Public Entity Plaintiffs 

CRAVATH, SWAINE & MOORE LLP 

By: Isl Kevin J Orsini 

KEVIN J. ORSINI 

Attorneys for Defendants Pacific Gas & Electric 

Company and PG&E Corporation 

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