Palisades Fire Victims Might Consider Joining a Lawsuit

Photo taken on January 7 by CalFire.

A deadline, July 7, is approaching if a resident wants to join a lawsuit to seek financial relief from The Palisades Fires. Some law firms are no longer taking clients and those that are, urge people to act this week.

Palisadian Martin Hak, of Palisades Rising, hosted a legal seminar on Zoom on June 10, to explain the legal situation. Those on the panel, moderated by corporate attorney Victoria von Szeliski included Brianna Strange (Strange LLP), Ken Chiate (Quinn Emanuel), Roger Behle (Foley Bezek –not taking new clients) and Will Daniels (Daniels Law).

Major wildfire litigation firms are offering representation on a contingency basis; there are no upfront costs. If a lawsuit is settled, the lawyers will receive 25%. If there is no recovery, you owe the lawyers nothing.

The suits being filed are tort and inverse condemnation claims, not class action lawsuits, with which most people are familiar. Those filing in a class action share the proceeds and end up with virtually no money. Tort claims are different.

A tort lawsuit allows lawyers to recover individual compensation.

  • A mass tort seeks compensation for cost to rebuild or repair homes and property
  • Expenses from displacement and temporary housing
  • Lost income or wages from missed work
  • Replacement of damaged personal property
  • Emotional distress and pain and suffering
  • Business interruption losses

Law firms are also filing Inverse Condemnation Claims, which include:

  • Power-related: LADWP failed to de-energize power lines despite actual and constructive notice of fire hazards weeks before the fire.
  • Water-related: Empty Santa Ynez Reservoir and failed backup systems left the community without adequate water supply.

Why is there an immediacy?

There is a six-month statutory deadline established by California Government Code for filing government tort claims against public entities (e.g., LADWP, City of Los Angeles, LA County). This deadline falls on July 7, exactly six months from the date of the January 7 fire.

Two-Track Approach:

Legal teams are pursuing both required government tort claims (with July 7 deadline) and simultaneous state court complaints alleging inverse condemnation, which is an exception to the Government Claims Act.

Individuals asked if they could file a claim. The answer is “Yes,” but probably unwise because the government tort claims process demands filing multiple highly specialized forms across six different potential defendants (LADWP, City of Los Angeles, LA County, State of California, etc.). These legal forms are extremely technical and must include specific liability, causation, and damages portions that experienced wildfire attorneys describe as “very technical.”

One person on the Zoom call wanted to know why firefighters couldn’t be sued, too. “Claims involving negligent firefighting are barred by Government Code 850.2 and 850.4 (The Fireman’s Immunity Rule.),” Attorney Roger Beh said. “In government there are all sorts of immunity rules.”

All cases will be consolidated in L.A. County Superior Court and multiple law firms are serving in liaison and steering committee roles.

The discovery phase of this case is supposed to begin by the end of 2025 or early 2026, and focus on liability evidence and could potentially lead to a settlement discussion.

To watch the legal meeting: click here. Passcode: +.JBE=d1

The Palisades Fire on January 7 in the Huntington Palisades.
Photo: CalFire

LAW FIRMS:

Disclaimer: The following list of law firms has been crowd-sourced by the Pali🔥 Legal WhatsApp Community, comprising over 1,000 fellow residents. Neither the Pali🔥 Admins, Palisades Rising, nor Martin Hak, nor Circling the News receive any referral fees or compensation from any attorneys listed or recommended. This information is provided exclusively for the benefit and support of the Pacific Palisades community. Residents are solely responsible for selecting their own attorney or independently finding suitable legal representation; these recommendations are provided as suggestions only.

  1. ACTS Law https://actslaw.com/practice_area/los-angeles-wildfire-damage[1]lawyer/ 833-492-0228. [ALSO WILL HANDLE FIRST PARTY CLAIMS, via 3 firm group]
  2. Boyle https://boylelaw.com 310-310-3995
  3. Cutter Law https://cutterlaw.com/sacramento-personal-injury-lawyers/ (916) 943-7872 (sign up by June 16).
  4. Daniels Law https://www.danielslaw.com 800-573-0490
  5. Engstrom, Lipscomb and Lack https://elllaw.com (310) 552-3800
  6. Frantz Group https://www.lacountywildfires.com 855-906-3282
  7. Quinn Emanuel WildfireSupport@quinnemanuel.com 213-443-3050 – sign up by June 13.
  8. McNulty Law Firm 827 Moraga Drive Los Angeles, CA 90049 Telephone: (310) 471-2707 Toll Free: (800) 730-8888 Facsimile: (310) 472-7014

LAW FIRMS HANDLING INSURANCE CLAIMS:

First Party Claims against Insurance Companies

  1. ACTS Law https://actslaw.com/practice_area/los-angeles-wildfire-damage-lawyer/ 833-492-0228
  2. Bentley & More LLP https://www.bentleymore.com 949-870-3800
  3. Bridgford, Gleason & Artinian https://www.bridgfordlaw.com 833-758-0785
  4. Buchalter – Susan White https://www.buchalter.com (213) 891-5070
  5. Kantor & Kantor LLP https://www.kantorlaw.net 818-696-4486
  6. Kerley Schaker https://www.kerleyschaker.com 510-379-5801
  7. Larson LLP & Shernok Bidart Echeverria LLP https://www.larsonllp.com 213.436.4888
  8. McNicholas & McNicholas LLP https://www.mcnicholaslaw.com 310-706-2871
  9. Singleton Schreiber LLP https://www.singletonschreiber.com 619-771-3473
  10. Strange LLP – Brianna Strange https://www.strangellp.com 310-207-5055
This entry was posted in General. Bookmark the permalink.

5 Responses to Palisades Fire Victims Might Consider Joining a Lawsuit

  1. cynthia says:

    I have spoken to a couple of law firms listed above

    one said they are proceeding against the city and LADWP, Other are also going against the State, in the retainers neither one states exactly who they are filing the 6 months claims against

    is it up to us to figure this and get a comment as to this

  2. Khadijeh Kamyab says:

    Question: if you have received insurance proceeds, will the insurance company claim that amount back, once you receive compensation from this lawsuit?

  3. Sue says:

    Khadijeh,

    Good question. I don’t know. But I truly don’t expect to receive any FireAid money, either.

    Sue

  4. Pingback: Palisades Fire Victims Might Consider Joining a Lawsuit – Palisades Rising

  5. Tenley says:

    If your claim involves LAFD’s failure to act before the fire, such as ignoring known fire hazards, violating fire codes, or failing to follow safety protocols, it may be actionable. These types of failures could qualify as gross negligence or a breach of mandatory duty and are not protected under Government Codes § 850.2 or § 850.4, correct Mr Beh?

Leave a Reply

Your email address will not be published. Required fields are marked *