Wildfire Damage Lawsuit Lawsuit in California

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Written By
People's Justice Legal Research Team

Statute of Limitations

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

Source: California Department of Insurance / catastrophe modeling firms

Source: CAL FIRE Camp Fire Investigation Report

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

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