State litigation guide · California

Wildfire Damage Lawsuit in California

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Statute of limitations — California

California: 2 years for personal injury, 3 years for property damage (Cal. Code Civ. Proc. §§ 335.1, 338(b)). Government claims require filing within 6 months under the Government Claims Act. Discovery rule applies for latent injuries. Inverse condemnation claims may have different limitations periods depending on the constitutional basis asserted.

2–3 years depending on claim type

Filing venue

Where to File in California

California wildfire cases are filed in both state and federal courts depending on the defendant and claim type. PG&E Camp Fire claims were administered through the Northern District of California bankruptcy court (Judge Dennis Montali). Southern California Edison fire claims have been filed in Los Angeles County Superior Court and the Central District of California. The 2025 LA fire claims are expected to be coordinated in Los Angeles County Superior Court through JCCP proceedings. California's inverse condemnation doctrine — established in Barham v. Southern California Edison (1999) and Pacific Bell v. City of San Diego (2000) — imposes strict liability on utilities for fire damage caused by their equipment, eliminating the need to prove negligence. AB 1054 (2019) modified the framework for utilities with safety certifications, requiring proof of unreasonable conduct rather than strict liability, but the fund provides an additional source of recovery.

California data

Exposure in California

Estimated total losses from the January 2025 Los Angeles fires (Palisades and Eaton fires), making it the costliest wildfire event in U.S. history. Investigations into utility involvement by SCE and LADWP are ongoing.

$107B+ in losses

Source: California Department of Insurance / catastrophe modeling firms

The 2018 Camp Fire killed 85 people and destroyed 18,804 structures in Paradise, California — the deadliest and most destructive wildfire in state history, caused by PG&E equipment failure.

85 deaths

Source: CAL FIRE Camp Fire Investigation Report

The PG&E Fire Victim Trust, established through Chapter 11 bankruptcy, was funded at $13.5 billion to compensate victims of the 2017 and 2018 wildfire seasons. Many claimants received only a fraction of documented losses due to trust funding limitations.

$13.5B trust

Source: PG&E Bankruptcy Plan of Reorganization (2020)

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