Court filing alleges Edison is delaying Eaton Fire litigation and potential mediation

Lawyers representing victims of the Eaton Fire allege that Southern California Edison is intentionally delaying litigation and potential discussions to enter into a faster mediation process in order to increase participation in its voluntary payout program. The company denies the allegations.

In a joint case management conference statement filed Thursday afternoon, lawyers with three firms representing Eaton Fire survivors state that Edison has repeatedly delayed trial dates, as well as discussions to enter into a faster mediation process “while, at the same time, peddling their discount settlement program as ‘transparent.’”

“What is abundantly clear is that Defendants [Edison] want to waste judicial resources and subject the community they destroyed to needless delay,” the statement reads.

The lawyers argue that Edison International Chief Executive Officer Pedro Pizarro has repeatedly stated publicly that Edison’s equipment likely sparked the Eaton Fire. The filing also says, as further evidence of the company’s belief it started the fire, that Edison entered into an agreement with an undisclosed insurance company to pay them back for Eaton Fire losses.

“Despite these facts and public statements, Defendants continue to stand before this Court asserting that they cannot and will not participate in mediations because liability discovery is Incomplete,” the plaintiffs lawyers write.

Edison has settled previous wildfires lawsuits, including cases against them for causing the Thomas and Woolsey fires, through mediation, which is generally faster than litigation.

“Given these circumstances, Defendants’ plan is clear: delay litigation and refuse mediation in order to force vulnerable fire victims into accepting deeply discounted settlements,” the plaintiffs lawyers write.

Edison, however, denies the allegations, calling them “baseless” in the same court document.

“SCE has never entered into a mediation protocol this early in a wildfire litigation, and for good reason,” Edison’s lawyers write in the filing. “The Parties are still at the very early stages of developing the factual record.”

The company argued that the investigation into the cause of the Eaton Fire needs to be completed before entering into mediation and that the plaintiffs’ characterization of the delays are “misleading and misplaced.”

“To be clear, Defendants are neither supporting nor declining mediation,” Edison’s lawyers write in the filing. “It is simply too early to address these issues.”