Transcript SDG&E CLASS ACTION Update

SDG&E
CLASS ACTION Update
Guejito, Witch Creek and
Rice Canyon Wildfires
July, 2008
BRIEF HISTORY OF SDG&E FILINGS
November 13, 2007
Downing v. SDG&E
Clark v. SDG&E
Macaluso, Frantz, Keegan
November 15, 2007
Payne v. Sempra
Baker, Keener & Nahra
December 4, 2007
December 10, 2007
April 11, 2008
June 3, 2008
July 15
Wood v. SDG&E
Waldon v. SDG&E
Malone v. SDG&E
Curtis v. SDG&E
2008 © Community Assisting Recovery, Inc., CARe
2
WHAT IS THE SDG&E CLASS?
NOT A TYPICAL CLASS ACTION
Bifurcated—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
July 15
2008 © Community Assisting Recovery, Inc., CARe
3
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 on2008class
action issues.
July 15
© Community Assisting Recovery, Inc., CARe
4
HOW LONG WILL THE CLASS TAKE?
CERTIFICATION: Several months
Phase 1, CAUSE & ORIGIN: 6 - 12 months
Phase 2, PROOF of DAMAGES: 2 - 3 years
July 15
2008 © Community Assisting Recovery, Inc., CARe
5
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
July 15
www.girardikeese.net
2008 © Community Assisting Recovery, Inc., CARe
6
GIRARDI & KEESE
www.girardikeese.net
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.
July 15
2008 © Community Assisting Recovery, Inc., CARe
7
BAKER, KEENER & NAHRA
www.bknlawyers.com
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.
July 15
2008 © Community Assisting Recovery, Inc., CARe
8
ENGSTROM, LIPSCOMB & LACK
www.elllaw.com
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.
July 15
2008 © Community Assisting Recovery, Inc., CARe
9
HOW ARE ATTORNEYS’ FEES PAID?
No cost for class members
Court 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
July 15
2008 © Community Assisting Recovery, Inc., CARe
10
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
July 15
2008 © Community Assisting Recovery, Inc., CARe
11
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 torts
July 15
2008 © Community Assisting Recovery, Inc., CARe
12
SDG&E DEFENSE ATTORNEYS
Quinn Emanuel Urquhart Oliver & Hodges, LLP
865 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.
July 15
2008 © Community Assisting Recovery, Inc., CARe
13
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
July 15
2008 © Community Assisting Recovery, Inc., CARe
14
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
July 15
2008 © Community Assisting Recovery, Inc., CARe
15
DEPOSITION AND DISCOVERY
Class action:
• Individual “class members” will NOT
be deposed
• Class “representatives” subject to
discovery and depositions
Individual lawsuit:
• Each plaintiff CAN be deposed
• Spouse, friends, relatives CAN be
deposed
July 15
2008 © Community Assisting Recovery, Inc., CARe
16
RESOURCES REQUIRED
To take on SDG&E and Quinn Emanuel:
• Experienced attorneys
–
–
•
•
July 15
Class actions
Against SDG&E
Substantial in-house funding
Substantial in-house specialist
lawyers to handle discovery issues
2008 © Community Assisting Recovery, Inc., CARe
17
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
July 15
2008 © Community Assisting Recovery, Inc., CARe
18
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
July 15
2008 © Community Assisting Recovery, Inc., CARe
19
HOW WILL YOU BE NOTIFIED OF CLASS?
•
•
•
•
•
Court will notify
CARe will email updates
CARe will have meetings
Newspaper announcements
Other media announcements
July 15
2008 © Community Assisting Recovery, Inc., CARe
20
WHAT HAPPENS AFTER PHASE 1?
• Present documented loss to court.
• Most likely need an attorney at that point
July 15
2008 © Community Assisting Recovery, Inc., CARe
21
WHAT ISSUES TO BE RESOLVED?
Phase 2
• Like a brand new trial
• Your loss
– Actual damages
– Emotional distress
– Punitive damages
July 15
2008 © Community Assisting Recovery, Inc., CARe
22
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
July 15
2008 © Community Assisting Recovery, Inc., CARe
23
WHAT YOU NEED TO KNOW
•
Class action in two phases:
1. “Cause and Origin”
2. Proof of individual damages
•
•
•
•
July 15
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
2008 © Community Assisting Recovery, Inc., CARe
24