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A dozen Pacific Palisades and Malibu residents have sued the city of LA, claiming that the Ministry of Water and Power and others were able to prevent and contain the massive January wildfire that destroyed their homes.
The list of plaintiffs over the age of 70 reads like a cast of Hollywood characters, including Holocaust survivors and former US Navy pilots undergoing cancer treatment.
In a complaint filed late Monday night, they argued that the main reservoirs should have been filled with water and that all fire hydrants were operating prior to the Palisade fire.
The Times previously reported that Santay Nez Reservoir was empty for several months, with over 1,000 fire hydrants in need of repairs as they were led by Inferno on January 7th. As the fire spread that night, the Pacific Ocean’s Pallisard fire hydrant scores ran low on the surface.
The complaint also alleges that the DWP ignored the emergency wind warning, kept electrical equipment in the area energy, “contributed to the fire or caused a new spot fire.”
“Cities including DWPs, including DWPs, who are responsible for the harms their clients are suffering, will lose their homes and all their valuable possessions,” said Crystal Nix-Hines, a partner at Quinn Emanuel Urquhart & Sullivan, a law firm representing the plaintiffs. “This may have been prevented.”
A DWP spokesperson declined to comment Tuesday afternoon as the City Attorney’s Office “has not yet been tasked with official complaints.”
Several similar cases have been filed after a Palisade fire killed 12 people and destroyed nearly 7,000 structures.
So far, the plaintiff has only sought compensation for loss of property. The City of LA is exempt from claims against emotional distress and several other effects of the fire.
The Times reported in February that DWP approved a three-year, $10 million contract with law firm Munger, Tolles & Olson, defending its usefulness against an increase in litigation.
The plaintiffs in the latest case essentially allege that the city destroyed the property without providing fair compensation for the loss.
The complaints filed in LA County’s state superior court contain some disastrous stories.
In one passage, Rachel Schwartz (93) explains how she arrived in Detroit with her sister in 1946 after surviving the Holocaust, which includes the Warsaw Ghetto, three concentration camps and a death march.
Schwartz moved to Los Angeles in 1960 and bought his home at Pacific Palisades 28 years ago. She lost many valuable possessions in the house and in the fire.
Kenneth and Christina Peterson were with their two children visiting Hawaii for Christina’s 60th birthday when the fire broke out. They “who were helplessly watching the image of the community burning over and over again on television,” according to the complaint.
Ken Peterson, 75, was undergoing cancer treatment at the time. All of his memorabilia, a former US Navy pilot whose grandfather and father served in two world wars, were destroyed in the fire. For example, “Navy Commendation Medals for Sustainable Achievement, Flightsuits, Pilot Licenses, and Logbooks.”
In a bright spot among all the destruction, the lawsuit states that neighbors saved the Petersons dog before the flames consumed the house.
The involvement of multiple Malibu residents in the case is unique among the recent cases.
Malibu is a separate city from Los Angeles, but the plaintiffs allege that the actions and inactions of LA and its DWP before the fire were caused and contributed to the spread of the nearby coastal enclaves.
“The city’s conscious decision to dry out the reservoir and turn on its power is simply unacceptable,” said Jeffrey Bouzel, another lawyer for the plaintiff.
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