Dept. of Forestry & Fire Protection CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Cal Fire previously appealed from a judgment of dismissal (case No. C074879) and various postjudgment awards of fees, costs, and discovery sanctions (case No. C076008). (Department of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154, overruled in part as stated in Presbyterian Camp & Conference Centers, Inc. v. Superior Court (2021) 12 Cal.5th 493, 516 (Howell).) We rely heavily on our prior opinion for the relevant facts and procedure, supplemented where necessary by the record.

A. Origin of the Moonlight Fire

This case arises from the “Moonlight Fire,” a wildfire that ignited in Plumas County on September 3, 2007, and burned approximately 65,000 acres over the course of

2 several weeks. (Howell, supra, 18 Cal.App.5th at p. 162.) The fire started on property owned by the Landowners and managed by Beaty. (Id. at p. 164.) Sierra Pacific purchased standing timber on the property and contracted with Howell, a licensed timber operator, to conduct logging operations on the property. (Ibid.) Cal Fire and the United States Forest Service (USFS) jointly investigated the cause of the fire. (Howell, supra, 18 Cal.App.5th at p. 187.)…