sdg & e c lass a ction update guejito, witch creek and rice canyon wildfires july, 2008

SDG&ECLASS ACTION Update

Guejito, Witch Creek andRice Canyon Wildfires

July, 2008

BRIEF HISTORY OF SDG&E FILINGS

November 13, 2007 Downing v. SDG&EClark v. SDG&EMacaluso, Frantz, Keegan

November 15, 2007 Payne v. SempraBaker, Keener & Nahra

December 4, 2007 Wood v. SDG&EDecember 10, 2007 Waldon v. SDG&EApril 11, 2008 Malone v. SDG&E

June 3, 2008 Curtis v. SDG&E

Apr 18, 2023 22008 © Community Assisting Recovery, Inc., CARe

WHAT IS THE SDG&E CLASS?

NOT A TYPICAL CLASS ACTIONBifurcated—separated into two phases

• Phase 1: “Cause and Origin”– END of actual class portion– SDG&E pays costs of Phase 1

• Phase 2: Individual damages– No longer class action– SDG&E may pay costs of Phase 2


WHAT DO YOU NEED TO DO?

• Nothing, no need to rush into a lawsuit.• You are automatically included in the

class action.• Continue to document your “fair

market value” losses.• Hire an attorney for Phase 2 to protect

and help prove your damage issues.• Statutes of limitation are two and three

years on class action issues.


HOW LONG WILL THE CLASS TAKE?

CERTIFICATION: Several monthsPhase 1, CAUSE & ORIGIN: 6 - 12 monthsPhase 2, PROOF of DAMAGES: 2 - 3 years


SOME CLASS ACTION ATTORNEYS

ENGSTROM, LIPSCOMB & LACK• Jerry Ramsey• Brian Heffernan

310-552-3800 www.elllaw.com

BAKER, KEENER & NAHRA• Robert Baker• R. Jeffrey Neer

213-241-0900 www.bknlawyers.com

GIRARDI & KEESE 213-977-0211 www.girardikeese.net


GIRARDI & KEESE

Established in 1965 by highly esteemed lawyers Thomas V. Girardi and Robert M. Keese, the law firm of Girardi & Keese has successfully recovered well over $3 billion against the largest, most powerful companies in the world, including Pacific Gas & Electric, El Paso Gas, Sempra Energy, Exxon, Shell, Unocal, Dupont, Ashland, Ford Motor Company, The Walt Disney Company, and Farmers Insurance.

Perhaps most fundamental to the history of Girardi & Keese is our consistent ability throughout the years to obtain the highest recoveries possible for our wronged clients. We have been involved in some of the most groundbreaking cases in recent legal history, beginning in 1970 with the first million-dollar verdict in a medical malpractice case in California and continuing on with the $1.9 billion settlement obtained on behalf of California consumers for the fraud committed by energy companies. Thomas Girardi and Robert Keese have each tried over 100 jury cases to conclusion.

Members of Girardi & Keese are admitted to the Courts of California, Federal District and Appellate Courts, and the United States Supreme Court. Our attorneys have served as counsel in numerous cases across the country and around the world.

www.girardikeese.net


BAKER, KEENER & NAHRA

The law firm of Baker, Keener & Nahra, LLP is a civil trial firm with extensive experience in all aspects of case management from discovery, trial and the appellate process involving business and real estate litigation, construction, employment, insurance, personal injury, products liability and professional malpractice. From our office in Los Angeles, we serve businesses, corporate entities, insurance companies, individuals and public entities throughout California and the United States.

Founded in 1986, BK&N now employs over forty individuals including management, staff attorneys, plus a full staff of experienced paralegals, law clerks and a highly trained support staff.

The firm has a reputation for aggressive litigation of the most difficult or high exposure types of cases in a cordial and highly ethical manner. While we are highly aggressive litigators who get stellar results, we do so in a manner that preserves our ethics and humanity. We hope to continue to grow based upon the strength of our skills and reputation, backed by a strong team of attorneys who not only have practiced together for years, but who have enjoyed doing so.

www.bknlawyers.com


ENGSTROM, LIPSCOMB & LACK

Clients choose Engstrom, Lipscomb & Lack because we get results.

For over 34 years, our firm has represented clients around the world in catastrophic accident cases, environmental contamination cases, aviation accidents, complex commercial disputes, insurance bad faith, products liability, professional liability, construction defect cases, securities fraud and other areas where victims and consumers need our help. Many of our clients are referred to us by other lawyers who rely on our expertise. The results speak for themselves.

We will not back down from anyone. Just ask our adversaries. We aggressively represent our clients and our results prove it.

To learn more about our attorneys' extensive trial experience and how our name recognition can benefit you, contact us for a no-cost consultation about your particular legal circumstances.

For more than 30 years, we have been helping people seek justice and fair compensation.

www.elllaw.com


HOW ARE ATTORNEYS’ FEES PAID?

No cost for class membersCourt decides if SDG&E pays:• Direct costs• Fair and reasonable attorney fees

• Fire victims pay no fees or costs• If unsuccessful, attorneys absorb cost • No “pool” of funds to be shared


CLASS ACTION GOALS

• Prove SDG&E’s negligence• Cause of the 2007 wildfires

– Guejito

– Witch Creek

– Rice Canyon

• Protect interests of fire victims from– Sempra Energy, SDG&E

– Quinn Emanuel, SDG&E’s defense firm


WHAT ISSUES TO BE RESOLVED?

Phase 1• Cause of the 2007 wildfires

– Guejito

– Witch Creek

– Rice Canyon

• Origin of the 2007 wildfires• SDG&E’s negligence• SDG&E’s trespass, other tortsApr 18, 2023 122008 © Community Assisting Recovery, Inc., CARe

SDG&E DEFENSE ATTORNEYS

Quinn Emanuel Urquhart Oliver & Hodges, LLP865 Figueroa Street, 10th Floor

Los Angeles, California 90016

from www.quinnemanuel.com:

Quinn Emanuel Urquhart Oliver & Hodges, LLP is a 350+ lawyer business litigation firm—the largest in the United States devoted solely to business

litigation. Our lawyers have tried over 1160 cases and won 1066 or 92%. When representing defendants, our trial experience gets us better settlements or defense verdicts. When representing plaintiffs, our lawyers have garnered

over $6.2 billion in judgments and settlements. We are the only firm in the U.S. that has won three nine-figure verdicts in the last five years.*

* Prior results do not guarantee a similar outcome.


SDG&E ATTORNEYS

SDG&E hired Quinn Emanuel, Los Angeles• “Top Guns”• Over 350 lawyers• Largest business law firm in US• Extremely aggressive• “Open Checkbook” to protect client

See website: www.quinnemanuel.com


INDIVIDUAL “TORT” LAWSUITS

• Fire victim depositions• Fire victim interrogatories• Legal fees up to 40%• Increased expert costs• Increased stress• Added incentive for Quinn Emanuel to

impose all discovery tactics


DEPOSITION AND DISCOVERY

Class action:• Individual “class members” will NOT

be deposed• Class “representatives” subject to

discovery and depositionsIndividual lawsuit:• Each plaintiff CAN be deposed• Spouse, friends, relatives CAN be

deposedApr 18, 2023 162008 © Community Assisting Recovery, Inc., CARe

RESOURCES REQUIRED

To take on SDG&E and Quinn Emanuel:• Experienced attorneys

– Class actions

– Against SDG&E

• Substantial in-house funding• Substantial in-house specialist

lawyers to handle discovery issues


WHY LOS ANGELES LAW FIRMS?

• Largest and most experienced law firms in Los Angeles

• Won $1.8+ billion award against SDG&E in 2007

• SDG&E is using a major Los Angeles law firm


HOW WILL YOU BE INCLUDED?

• Automatic inclusion• Need to do nothing to stay in class• Court, through media, will keep you

informed• If you or your attorney “opts” you out

of the class, you can never return to the class


HOW WILL YOU BE NOTIFIED OF CLASS?

• Court will notify• CARe will email updates• CARe will have meetings• Newspaper announcements• Other media announcements


WHAT HAPPENS AFTER PHASE 1?

• Present documented loss to court.• Most likely need an attorney at that point


WHAT ISSUES TO BE RESOLVED?

Phase 2• Like a brand new trial• Your loss

– Actual damages

– Emotional distress

– Punitive damages


PROVE YOUR INDIVIDUAL LOSS

• Continue to collect your documents– Fair market value

– Obtain receipts

– Obtain photos

• Best to have class action lawyers• Some people want lawyers now


WHAT YOU NEED TO KNOW

• Class action in two phases:1. “Cause and Origin”

2. Proof of individual damages

• Class action NOT to distribute money• Class action NOT like a Vioxx award• SDG&E pays legal costs in Class action• Class members will NOT be deposed


sdg & e c lass a ction update guejito, witch creek and rice canyon wildfires july, 2008

Documents

ttorneys sdg e

sdg e pays

care slide

sdg e macaluso

sdg e clark

class action sdg e

sdg e c lass

sdg e quinn emanuel