Department of Forestry & Fire Protection v. Lawrence Livermore National Security, LLC

At issue is the interpretation of two mutual aid firefighting agreements. One agreement states as relevant, “No party to this Agreement shall be required to pay compensation to the other party for services rendered. The mutual advantages and protection afforded by this Agreement shall be adequate consideration.” The other agreement states as pertinent that plaintiff here, California’s Department of Forestry and Fire Protection (Cal Fire), “assumes financial responsibility for aircraft, hand crew, engine, and dozer resources needed to effectively contain [a] fire” (in another jurisdiction’s area that adjacently threatens an area in Cal Fire’s jurisdiction).

The principal question on appeal is whether these agreements are reasonably susceptible to an interpretation that the jurisdiction receiving aid is liable for fire suppression and related costs incurred by the jurisdiction giving aid, if the jurisdiction receiving aid has negligently acquiesced in, or has negligently failed to prevent, known conditions, circumstances, or conduct that might reasonably be expected to result in the starting of the fire. Our answer, “No.” Consequently, we shall affirm the summary judgment…