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28 JOINDER IN MOTION OF OFFICIAL COMMITTEE OF TORT CLAIMANTS FOR RELIEF FROM 

AUTOMATIC STAY TO PERMIT STATE COURT JURY TRIAL OF 2017 TUBBS WILDFIRE CLAIMS 

(Docket Nos. 2842-2851)

PANISH SHEA & BOYLE LLP

BRIAN PANISH, State Bar No. 116060 

 panish@psblaw.com

RAHUL RAVIPUDI, State Bar No. 204519

 ravipudi@psblaw.com

LYSSA A. ROBERTS, State Bar No. 235049

 roberts@psblaw.com

11111 Santa Monica Boulevard, Suite 700

Los Angeles, California 90025

Telephone: 310.477.1700

Counsel for Fire Victim Claimants

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re:

PG&E CORPORATION

 -andPACIFIC GAS AND ELECTRIC 

COMPANY,

 Debtors.

□ Affects PG&E Corporation

□ Affects Pacific Gas and Electric Company

■ Affects both Debtors

*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)

JOINDER IN MOTION OF OFFICIAL 

COMMITTEE OF TORT CLAIMANTS FOR 

RELIEF FROM AUTOMATIC STAY TO 

PERMIT STATE COURT JURY TRIAL OF 

2017 TUBBS WILDFIRE CLAIMS 

(Docket Nos. 2842-2851) 

Case: 19-30088 Doc# 2943 Filed: 07/11/19 Entered: 07/11/19 16:50:27 Page 1 of

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28 JOINDER IN MOTION OF OFFICIAL COMMITTEE OF TORT CLAIMANTS FOR RELIEF FROM 

AUTOMATIC STAY TO PERMIT STATE COURT JURY TRIAL OF 2017 TUBBS WILDFIRE CLAIMS 

(Docket Nos. 2842-2851)

PANISH 

SHEA 

&

BOYLE LLP

11111 Santa Monica Boulevard, Suite 700

Los Angeles, California 90025

310.477.1700 phone • 310.477.1699 fax

I. INTRODUCTION

Fire Victim Claimants Armando A. Berriz and heirs of Carmen Caldentey Berriz (Armando 

J. Berriz, Carmen T. Meissner, Monica Berriz), along with the Estate of Carmen Caldentey Berriz,

represent two of the eleven claims from the 2017 Tubbs Fire for which the Official Committee of 

Tort Claimants (the “TCC”) has made an Amended Motion for Relief From Automatic Stay, 

hereinafter referred to as the “TCC Motion,” asking the court to allow eleven Tubbs Fire claims to 

proceed to trial against Debtors and to request that the Coordination Trial Judge in the California 

North Bay Fire Cases, JCCP 4955 (the “Coordinated Action”), order the eleven cases to trial with 

preference pursuant to California Code of Civil Procedure § 36. Armando A. Berriz and heirs of 

Carmen Caldentey Berriz (Armando J. Berriz, Carmen T. Meissner, Monica Berriz), along with the 

Estate of Carmen Caldentey Berriz, hereby join, as moving parties, the TCC Motion. 

Fire Victim Claimants, Armando A. Berriz and heirs of Carmen Caldentey Berriz (Armando 

J. Berriz, Carmen T. Meissner, Monica Berriz), along with the Estate of Carmen Caldentey Berriz,

are represented by the firm of Panish Shea & Boyle LLP in the Coordinated Action and the Chapter 

11 proceeding. 

Fire Victim Claimants, Armando J. Berriz, Carmen T. Meissner, Monica Berriz, and the 

Estate of Carmen Caldentey Berriz are indivisible parties of record in the Coordinated Action and 

in this pending Chapter 11 proceeding. They are also represented by the firm of Panish Shea & 

Boyle LLP in the Coordinated Action and the Chapter 11 proceeding. They are not among the 

specific victims identified in the TCC Motion.

For the reasons set forth below, Armando A. Berriz, Armando J. Berriz, Carmen T. Meissner, 

Monica Berriz, and the Estate of Carmen Caldentey Berriz hereby join, as moving parties, in the 

TCC’s Motion and respectfully request that this Court grant the relief from automatic stay as 

requested in that motion.

Case: 19-30088 Doc# 2943 Filed: 07/11/19 Entered: 07/11/19 16:50:27 Page 2 of

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28 2

PLAINTIFF FACT SHEET AND ADOPTION/AMENDMENT OF 

MASTER COMPLAINT (INDIVIDUAL PLAINTIFFS)

PANISH 

SHEA 

&

BOYLE LLP

11111 Santa Monica Boulevard, Suite 700

Los Angeles, California 90025

310.477.1700 phone • 310.477.1699 fax

II. JOINDER OF ARMANDO A. BERRIZ AND HEIRS OF CARMEN CALDENTEY 

BERRIZ (ARMANDO J. BERRIZ, CARMEN T. MEISSNER, MONICA BERRIZ), 

ALONG WITH THE ESTATE OF CARMEN CALDENTEY BERRIZ

Fire Victim Claimants Armando J. Berriz, Carmen T. Meissner, and Monica Berriz are 

wrongful death heirs of Carmen Berriz and hereby seek relief from the automatic stay, along with 

the Estate of Carmen Caldentey Berriz and Armando A. Berriz. All hereby join, as moving parties, 

the TCC’s Amended Motion for relief from automatic stay. 

Mr. Armando A. Berriz and Mrs. Carmen Berriz (both in their 70s) lived in Southern 

California, but every year traveled to Wine Country for several months of extended vacation at a 

rental. In 2017, while they were staying at their rental in Santa Rosa, the Tubbs Fire hit and the 

Berriz’s were not able to escape in time. They sought refuge in the pool on the property while the 

fire roared around them, but Mrs. Berriz suffocated and died in her husband’s arms while trapped 

in the pool. Mr. Berriz suffered severe catastrophic injuries and has a bystander and wrongful death 

claim. Mrs. Berriz was also survived by her three adult children who were very close to her: (1) 

Monica Ocon; (2) Carmen T. Berriz; and (3) Armando J. Berriz.

The wrongful death heirs of decedent Carmen Berriz (Monica Ocon, Carmen T. Berriz, and 

Armando J. Berriz) have substantial interests relating to the subject of the proposed preference trial 

under the California Code of Civil Procedure § 36(e), which provides: “Notwithstanding any other 

provision of law, the court may in its discretion grant a motion for preference that is supported by a 

showing that satisfies the court that the interests of justice will be served by granting this 

preference.” The interest of justice will be served by granting preference to the wrongful death heirs 

of Carmen Berriz, as the decedent’s heirs have already waited nearly two years for justice and 

recovery of their father’s estate and their significant and irreplaceable losses. 

Mr. Armando A. Berriz also qualifies for trial preference under California Code of Civil 

Procedure § 36(e). The interest of justice will be served by granting preference to Armando A. 

Berriz, who suffered severe, catastrophic injuries, perceived the death of his beloved wife, and has 

lost her love, companionship, and solace, but has seen no recovery of his losses for nearly two years. 

Case: 19-30088 Doc# 2943 Filed: 07/11/19 Entered: 07/11/19 16:50:27 Page 3 of

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28 3

PLAINTIFF FACT SHEET AND ADOPTION/AMENDMENT OF 

MASTER COMPLAINT (INDIVIDUAL PLAINTIFFS)

PANISH 

SHEA 

&

BOYLE LLP

11111 Santa Monica Boulevard, Suite 700

Los Angeles, California 90025

310.477.1700 phone • 310.477.1699 fax

The discretionary joinder of parties with related claims in a preference action is also 

specifically permitted by California Code of Civil Procedure § 36(e). Failure to allow them to join 

in the preference motion will both impair and impede those interests and may subject Debtors to a 

substantial risk of inconsistent obligations. 

Also, the above Claimants are indispensable parties under California Code of Civil 

Procedure § 389 whose joinder in their family’s preference trial would be compulsory should the 

Coordination Trial Court grant the anticipated preference motion in the Coordinated Action. 

California Code of Civil Procedure § 389(a) provides: 

“(a) A person who is subject to service of process and whose joinder will not deprive 

the court of jurisdiction over the subject matter of the action shall be joined as a party 

in the action if (1) in his absence complete relief cannot be accorded among those 

already parties or (2) he claims an interest relating to the subject of the action and is 

so situated that the disposition of the action in his absence may (i) as a practical 

matter impair or impede his ability to protect that interest or (ii) leave any of the 

persons already parties subject to a substantial risk of incurring double, multiple, or 

otherwise inconsistent obligations by reason of his claimed interest. If he has not 

been so joined, the court shall order that he be made a party.” 

III. CONCLUSION

For all of the foregoing reasons, Armando A. Berriz, Armando J. Berriz, Carmen T.

Meissner, Monica Berriz, and the Estate of Carmen Caldentey Berriz, each respectfully request, as 

moving parties, that this Court grant the TCC Motion for relief from the automatic stay to allow 

them to: (a) file a motion for trial preference pursuant to California Code of Civil Procedure § 36 

in the San Francisco Superior Court; and (b) proceed to a jury trial in San Francisco County Superior 

Court on their claims arising out of the 2017 Tubbs Fire. 

Respectfully submitted,

DATED: July 11, 2019 PANISH SHEA & BOYLE LLP

By: ___________________________________ 

BRIAN PANISH

RAHUL RAVIPUDI

Case: 19-30088 Doc# 2943 Filed: 07/11/19 Entered: 07/11/19 16:50:27 Page 4 of

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