Howell

Dep't of Forestry & Fire Prot. v. Howell

Bad Law
18 Cal. App. 5th 154·226 Cal. Rptr. 3d 727
Court of Appeal of CaliforniaDecember 6, 2017C074879; C076008California23,370 words

Opinion

lead Opinion

Butz, J.

*162 A wildfire started in Plumas County on September 3, 2007, and burned approximately 65,000 acres over the course of multiple weeks. This fire, dubbed the "Moonlight Fire," was at the center of several actions filed by plaintiffs Department of Forestry and Fire Protection (Cal Fire), Grange *163 Insurance Association, and multiple landowners 1 in 2009 and 2010 against defendants Eunice E. Howell, individually, and on behalf of Howell's Forest Harvesting (hereafter Howell)-the designated lead defendant and respondent; Kelly Crismon; J.W. Bush; Sierra Pacific Industries (Sierra Pacific); W.M. Beaty and Associates, Inc. (Beaty); and multiple landowner defendants (landowner defendants) 2 for recovery of fire suppression and investigation costs and for monetary damages.

On the eve of trial in July 2013, the consolidated actions were dismissed following a hearing on a motion for judgment on the pleadings and for presentation of a prima facie case pursuant to *736 Cottle v. Superior Court (1992) 3 Cal.App.4th 1367 , 5 Cal.Rptr.2d 882 ( Cottle ) 3 after the trial court concluded Cal Fire could not as a matter of law state a claim against Sierra Pacific, Beaty, or landowner defendants,…

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