Edison sues Santa Barbara County, others over Montecito mudslide disaster

Ventura

Southern California Edison has sued Santa Barbara County, Caltrans and other public entities over the deadly Montecito mudslides to ensure "that there is a comprehensive review of the role many parties may have played" in the disaster, the company said.

The Rosemead-based utility and its parent company, Edison International, filed the so-called cross complaint Friday in Los Angeles Superior Court. It is the latest update in the litigation alleging the company negligently caused the Thomas Fire and mudslides. It also represents the first time Edison has alleged in court that other parties contributed to the deadly debris flow.

The filing names Santa Barbara County, the Santa Barbara County Flood Control and Water Conservation District, Caltrans, the city of Santa Barbara and the Montecito Water District. It alleges the "negligent acts and omissions of the public entities" to minimize environmental hazards caused much of the harm that arose from the mudslides.

Edison has previously said its equipment was associated with one of two ignition points of the Thomas Fire. However, the company doesn't concede it is therefore liable for any or all fire damage or that it is liable for damages stemming from the mudslides, according to the complaint.

"Nevertheless, Edison files this cross complaint for equitable indemnity to ensure that any adjudication of liability for the Montecito mudslides properly allocates responsibility to the public entities named below on the basis that they contributed to or exacerbated injuries to or losses incurred by plaintiffs who have sued Edison in connection with the Montecito mudslides," the complaint states.

In this image provided by the Santa Barbara County Fire Department, Highway 101 remains underwater as cleanup crews work to clear mud and debris throughout Montecito in January 2018.

Friday's filing states Edison has been served with 75 lawsuits alleging the mudslides were caused by the Thomas Fire and Edison caused the blaze. Caltrans is the only one of the five public entities, or cross defendants, named in Friday's filing that has not previously sued the company over the disasters.

The Thomas Fire started Dec. 4, 2017, and consumed 281,893 acres in both Ventura and Santa Barbara counties, claimed two lives and destroyed 1,063 structures.

On Jan. 9, 2018, three days before the fire was fully contained, intense rainfall triggered the Montecito mudslides and led to destruction of more than 100 homes and about two dozen deaths.

The cause and origin of the Thomas Fire has not been released and is still under investigation. The fire's "alleged relationship" to the mudslides also remains under investigation, the complaint states.

Edison's cross complaint alleges the five public entities' "poor planning and mismanagement" in the decades before the mudslides and the hours leading up to them caused some or all of the damages the plaintiffs now seek to recover from Edison.

"As alleged in the cross complaint, these public agencies designed, built and maintained debris basins, flood channels and culverts that were wholly inadequate for the volume of debris that can be expected from watersheds in their jurisdictions, or took other actions that contributed to the damage experienced during the flooding," Edison said in a statement.

Moreover, the county and the flood control district allegedly knew the area's debris basins were too small and in need of upgrades.

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"It is well known that the Montecito area has always been at high risk for mudslides and debris flows. We believe that city, county and state governments — including flood control, water and transportation agencies — failed to ensure that Montecito’s infrastructure was adequate to reduce the impact of such natural disasters," Edison said in a statement.

The complaint alleges much of Santa Barbara County's landscape was produced by historical debris flows and is prone to flooding. It also cites incidents in Santa Barbara County in 1964, 1969 and 1971 in which destructive debris flows were either preceded by wildfires or El Niño flooding.