Presbyterian Camp & Conference Centers v. Super. Ct.

Opinion of the Court by Groban, J.

In June 2016, a wildfire burned nearly 7,500 acres of land across Santa Barbara County. Federal, state, and local authorities dispatched over 2,000 fire fighters to battle the blaze (designated the Sherpa Fire) and to protect the people and property it jeopardized. The California Department of Forestry and Fire Protection (CalFire) spent over $12 million suppressing the fire, investigating the fire’s cause, and pursuing reimbursement for the expenses it incurred in doing so. CalFire ultimately determined the Sherpa Fire had started on the property of Presbyterian Camp and Conference Centers, Inc. (Presbyterian), when Presbyterian’s employee removed a smoldering log from a malfunctioning fireplace in one of Presbyterian’s cabins. Under Health and Safety Code1 sections 13009 and 13009.1, which permit recovery of expenses from “[a]ny person . . . who negligently . . . sets a fire, allows a fire to be set, or allows a fire kindled or attended by him or her to escape,” CalFire sought recovery of its expenses from Presbyterian. Presbyterian demurred, arguing that sections 13009 and 13009.1 do not contemplate vicarious liability and…