The Nov. 24 Malibu fire victims could possibly file a lawsuit against the state of California.
Monetary claims will be filed this week by at least 21 Corral Fire wildfire victims alleging that the state's indifference to years of reports about partying at a State Parks property located at the top of Corral Canyon Road and the lack of brush clearance in the area led to the Nov. 24 blaze. The state will have 45 days to respond to the claims, which are estimated to be at least $30 million. If the state rejects the claims, the homeowners can file a lawsuit.
The Corral Fire, Malibu's worst since 1993, started after an illegal campfire in an area on State Parks property known as The Cave got out of control.
"They [State Parks officials] were aware for years that the park on top of Corral Canyon was a problem spot and did nothing about it," said Brooke Halpin, spokesperson for the homeowners.
Halpin's home was damaged in the fire, but those whose homes were destroyed are the only ones filing the claims.
If a lawsuit is filed, it will not be a class action suit, but rather what's called "mass action." This means each plaintiff will be suing as an individual (except in the case of spouses). The case is being handled by local attorney James Devitt and the law firms, Girardi & Keese and Engstrom, Lipscomb & Lack.
Devitt said, in addition to seeking monetary compensation, the claims and a likely lawsuit will be asking for area of The Cave to either be shut down or that a locked gate be placed around the area. Also, the brush clearance issue will need to be addressed.
As of Tuesday, only one of the 21 claims had officially been filed, a $3 million claim for Paul and Sara Grisanti. Devitt said the others would most likely be filed before the end of the week. He said the number of claimants would likely increase as well. All claims need to be filed by May 24, which would officially be six months after the fire started.
Paul Grisanti, a local Realtor who also lost his home in the 1993 fire, said his involvement in the case is "not my get rich quick plan."
"This is about getting the state to make a commitment to adequately police their properties," Grisanti said.
He added, "The state of California is our neighbor here in Malibu. And if they were anyone else with a property where people were allowed to congregate, in spite of complaints, and start fires, and their response was 'jeez I don't have the money to do anything about it,' do you think anybody would put up with it? I don't.
"They have maintained an attractive nuisance and are continuing to do so in Malibu and their reaction to responsibility is, 'We don't have the money to take care of the property we have, but we need more [land]," he added.
State Parks spokesperson Roy Stearns said he had not heard about the plan to file the claims, and declined to comment until he had more information. In December, when Devitt first announced his intention to gather together a group of clients for a suit against the state, Stearns said, "Our feeling is that with the shortage of rangers that we have, our people did all they could under the circumstances to address these issues."
State Parks officials say rangers were patrolling the area from 7 a.m. to 10 p.m. prior to the fire. The last ranger report at 10 p.m. on Nov. 23 noted no suspicious activity, Angeles District Superintendent Ron Schafer said in November.
Although variations of the story exist on what happened several hours later at The Cave, it has not been disputed that a campfire was started there, and that Santa Ana winds enabled it to get out of control. The fire burned 4,900 acres and destroyed 86 structures, including 53 homes.
Five suspects have been charged with two felonies related to the fire. With an added allegation of the fire starting during a governor-mandated state of emergency, the suspects would face mandatory state prison time if convicted. Although they have not denied their clients were at the campfire, their attorneys have said any wrongdoing committed was not a crime.
Three suspects-Brian David Franks, 27, Brian Alan Anderson, 22, and William Thomas Coppock, 23-have pleaded not guilty before a Van Nuys Superior Court judge in December. They appeared in court again on Monday. A preliminary hearing to determine whether there is enough evidence for a trial was scheduled for April 21.
The other two suspects-Eric Matthew Ullman, 18, and Dean Allen Lavorante, 19-appeared in court for the first time last month, but did not make formal pleas. They will return to court on April 3.
A press conference to formally announce the claims and possible lawsuit will take place at 2 p.m. on Thursday at the top of Corral Canyon Road.
Source: malibutimes
with all of the cuts going on in education these idiots want CA to dish out over 30 million? Give me a break. My house is gone and yes, we were underinsured. However, I refuse to participate in this blame game and milk it for all it's worth. Here's a thought: if you are just doing this to "teach them a lesson" then take the 30 million you win from the state and try to save a few schools or jobs. Otherwise, you are a bigger problem than the stupid park with too many weeds!
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