PEOPLE EX REL. GRIJALVA v. Superior Court

Real parties in interest admit they are legally responsible for starting the Pirn fire on October 23, 2003. The fire burned for two weeks, ultimately consuming some 64,000 acres and costing $3,871,695 to combat. Petitioner, the California Department of Forestry and Fire Protection, seeks to recover its firefighting costs pursuant to Health and Safety Code sections 13009 and 13009.1. Real parties in interest contend petitioner’s negligence caused the blaze to grow from 1,200 acres to 64,000 acres, vastly increasing those costs. Their answer alleges affirmative defenses of comparative negligence and failure to mitigate damages. Petitioner moved for judgment on the pleadings, contending the affirmative defenses were barred by the immunities granted for firefighting in Government Code sections 850, 850.2 and 850.4. Respondent superior court denied the motion. Petitioner seeks a writ of mandate directing respondent to vacate its prior order and grant petitioner judgment on the affirmative defenses. We issued an order to show cause, obtained briefing and heard oral argument. We grant the writ.

Facts and Procedural History

A spark from construction equipment operated by an…