DEPARTMENT OF FORESTRY & FIRE PROTECTION v. HOWELL

Nos. C074879, C076008.

18 Cal.App.5th 154 (2017)

DEPARTMENT OF FORESTRY AND FIRE PROTECTION et al., Plaintiffs and Appellants, v. EUNICE E. HOWELL et al., Defendants and Respondents.

Court of Appeals of California, Third District.

December 6, 2017.


Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Kathleen A. Kenealy , Acting Attorney General, Robert W. Byrne , Assistant Attorney General, Gary E. Tavetian , Evan Eickmeyer and Daniel M. Lucas , Deputy Attorneys General, for Plaintiffs and Appellants Department of Forestry and Fire Protection.

Gary S. Garfinkle ; and Kenneth P. Roye for Plaintiffs and Appellants Brandt et al. and Grange Insurance Association.

Anderlini & McSweeney, Terry Anderlini and G. Chris Andersen for Plaintiffs and Appellants Richard Guy et al. and John Cosmez et al.

Downey Brand LLP, William R. Warne , Michael J. Thomas , Annie S. Amaral and Meghan M. Baker for Defendant and Respondent Sierra Pacific Industries.

Matheny Sears Linkert & Jaime, Richard S. Linkert and Julia M. Reeves for Defendants and Respondents W.M. Beaty & Associates, Inc., and Ann McKeever Hatch, as Trustee, etc., et al.

Rushford & Bonotto, Phillip R. Bonotto and Derek Vandeviver for Defendants and Respondents Eunice E. Howell, etc., J.W. Bush and Kelly Crismon et al.

Deborah J. La Fetra and Lawrence G. Salzman for Pacific Legal Foundation as Amicus Curiae on behalf of Defendants and Respondents.

Morrison & Forester, Christopher J. Carr , William M. Sloan and Navi Singh Dhillon for Michael Cole and Tom Hoffman as Amici Curiae on behalf of Defendants and Respondents.

Mark Brnovich , Attorney General (Arizona); Doug Peterson , Attorney General (Nebraska); Adam Paul Laxalt , Attorney General (Nevada); Sean D. Reyes , Attorney General (Utah), Parker Douglas , Chief Federal Deputy, Aaron G. Murphy , Assistant Solicitor General; and Brad D. Schimel , Attorney General (Wisconsin), as Amici Curiae on behalf of Defendants and Respondents.


OPINION

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

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