United States v. City and County of San Francisco

MEMORANDUM OF OPINION AND ORDER

Defendant City and County of San Francisco, Hetch Hetchy Water and Power (“San Francisco”) moves to dismiss the first amended complaint (“FAC”) of plaintiff the United States (“United States”). For the reasons stated below, the court: (1) GRANTS San Francisco’s motion to dismiss the United States’ fourth claim; (2) GRANTS San Francisco’s motion to dismiss the United States’ fifth and seventh claims; (3) GRANTS San Francisco’s motion to dismiss the United States’ eighth claim; and (4) DENIES San Francisco’s motion to dismiss the United States’ first, second, third, and sixth claims.

I.

The United States alleges the following facts in the complaint:

On August 23, 1999, a fire, which came to be known as the “Pilot Fire,” started on private land and spread to the Stanislaus National Forest (FAC ¶ 6.) The fire started when a tree hit a power line owned and operated by San Francisco. (Id. ¶ 6. The Pilot Fire eventually burned 4,028 acres of National Forest land. (Id. ¶ 9.)) According to the complaint, San Francisco was negligent in not maintaining the area around its power lines. (Id. ¶ 7.) On February 18, 2000, the United States submitted a claim to…