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ESTELA O. PINO, SBN 112975

(epino@epinolaw.com)

PINO & ASSOCIATES

1520 Eureka Rd., Suite 101

Roseville, CA 95661

Telephone: (916) 641-2288

Attorneys for the Plaintiffs’ Executive Committee appointed by the Superior Court of the State of

California, in and for the County of Alameda, in Case No. RG16843631 and related cases.

THE UNITED STATES BANKRUPTCY COURT

IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re: 

PG&E CORPORATION, 

-andIn re:

PACIFIC GAS AND ELECTRIC

COMPANY,

Debtors. Affects PG&E Corporation

Affects Pacific Gas and Electric

Company T Affects both Debtors

* All papers shall be filed in the lead case, No.

19-30088(DM)

______________________________________

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Case Nos. 19-30088 (DM) 

Chapter 11

ORDER RE: MOTION FOR RELIEF FROM

AUTOMATIC STAY TO PERMIT THE

COURTS OF THE STATE OF

CALIFORNIA TO CONDUCT A JURY

TRIAL AND RELATED PRETRIAL AND

POST TRIAL MATTERS IN CONNECTION

WITH THE GHOST SHIP FIRE CASES 

DATE: December 17, 2019

TIME: 10:00 a.m.

PLACE: Courtroom 17

450 Golden Gate Avenue, 

16th Fl.

San Francisco, California

JUDGE: Hon. Dennis Montali

RELATED DOCKET: 4875-4879

On November 26, 2019, the Plaintiffs’ Executive Committee appointed by the Superior

Court of the State of California, in and for the County of Alameda, in Case No. RG16843631 and

related cases (the “Ghost Ship Executive Committee”) filed the Motion for Relief from the

Automatic Stay to Permit the Courts of the State of California to Conduct a Jury Trial and Related

Pretrial and Post Trial Matters in Connection with the Ghost Ship Fire Cases (the “Motion”) (Dkt.

No. 4875) in the above-captioned matter, pursuant to 11 U.S.C. Section 362(d)(1). 

The duly noticed hearing on the Motion was scheduled for and conducted on December 17,

2019, before the Honorable Dennis Montali, United States Bankruptcy Judge.

Signed and Filed: January 6, 2020

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Entered on Docket 

January 06, 2020

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 5280 Filed: 01/06/20 Entered: 01/06/20 15:39:41 Page 1 of

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Estela O. Pino of Pino and Associates appeared on behalf of the moving party, Ghost Ship

Executive Committee.

The following appeared in the support of the Motion: Robert Julian of Baker & Hostetler,

LLP appeared on behalf of the Official Committee of Tort Claimants; Mary E. Alexander of Mary

Alexander & Associates, PC appeared on behalf of Susan Slocum, Individually, as Personal

Representative of the Estate of Donna Kellogg, and as Successor in Interest of Donna Kellogg, and

Estate of Donna Kellogg, and other plaintiffs; and William Gordon Kaupp of Kaupp & Feinberg,

LLP appeared on behalf of Samuel Maxwell. 

Theodore E. Tsekerides of Weil, Gotshal & Manges, LLP appeared on behalf of PG&E

Corporation and Pacific Gas and Electric Company (collectively the “Debtors”) in opposition to the

Motion. The Official Committee of Unsecured Creditors joined in the Debtors’ opposition to the

Motion, but made no appearance during the hearing on the Motion.

Having reviewed the pleadings filed with the Court in connection with the Motion, having

considered the arguments made during the hearing, and having accepted the representation that the

Ghost Ship Plaintiffs are willing to limit their recovery solely to the total tower of the Debtors’

insurance policies, as available, for the 2016 year (the “Debtors’ Insurance”), including any

remaining Self Insured Retention (the “SIR”) that may still be available at the time of any settlement

or final judgment; the Court made its findings of facts and conclusions of law, orally on the record,

in open Court, at the conclusion of the hearing, as authorized by Rule 52(a) of the Federal Rules of

Civil Procedure, as incorporated by Rule 7052 of the Federal Rules of Bankruptcy Procedure, which

Rule is made applicable to this contested matter by Rule 9014(c) of the Federal Rules of Bankruptcy

Procedure. Based on said findings of facts and conclusion of law, and good cause appearing

therefor:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

(1) The Motion is granted to the extent set forth herein; and

///

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(2) Relief from automatic stay is granted, effective immediately, to all the plaintiffs (the

“Ghost Ship Plaintiffs”) in In Re Ghost Ship Fire Litigation, Case No. RG16843631 (And Related

Cases), pending in the Superior Court of the State of California, County of Alameda, (the “Ghost

Ship Litigation”) to allow them to proceed on all their claims against the Debtors, including

wrongful death, survival, personal injury, and related property damage claims; and

(3) Relief from automatic stay is granted, effective immediately, to the Ghost Ship

Plaintiffs in the Ghost Ship Litigation to proceed against the Debtors, in order to establish the

liability, if any, of the Debtors, obtain judgment(s), if any, against the Debtors, and collect any

judgment(s) obtained against the Debtors solely to the extent of the Debtors’ Insurance, including

any remaining SIR that may still be available at the time of any settlement or final judgment.

Approved as to form and content:

Dated: January _____, 2020 WEIL, GOTSHAL & MANGES LLP

 KELLER & BENVENUTTI LLP

By:__________________________

Theodore E. Tsekerides, Attorneys for 

Debtors and Debtors in Possession 

Dated: January _____, 2020

BAKER & HOSTETLER, LLP 

By:________________________________

Robert Julian, Attorneys for 

Official Committee of Tort Claimants.

/s/ Theodore E. Tsekerides

/s/ Robert Julian

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