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Conditions Where the Fires Occurred

In October 2007, San Diego County was in the grip of a severe, multi-year drought. Less than 4 inches of rain had fallen (in some areas of the county, far less) during the water year ending June 30, 2007. This was almost seven inches below average, making it the fourth driest year on record. While vegetation is invariably dry and highly flammable during the summer and especially by the fall of each year, in October 2007, much of the vegetation was nearly dead and tinder-dry and at a flash point when the annual and anticipated Santa Ana winds blew through the Witch Creek area on October 21, 2007.

SDG&E itself has expressly admitted that "fire is unfortunately a fact of life in California." This is especially true in parts of Southern California, which are subject to repeated droughts, high summer temperatures and lack of precipitation, fall and winter Santa Ana winds and their accompanying high temperature and low humidity, and highly flammable vegetation.

A history of destructive wildfires in Southern California that have occurred in conjunction with Santa Ana winds underscores the high standard of care that should be exercised by those distributing electricity through overhead electrical lines. For example, a faulty electrical line ignited the "Loop Fire" on November 1, 1966, ravaging Angeles National Forest north of Pasadena. That fire started during 60-mile-per-hour Santa Ana winds and, before it was contained, killed an entire team of firefighters.

In November, 1980 the annual Santa Ana winds rushing over the mountains sent wildfires into populated areas of the city of San Bernardino, consuming nearly 27,000 acres in what became known as the "Panorama Fire." In an eerie reenactment, 23 years later in October 2003, the "Old Fire" swept across the same mountains, fanned by Santa Ana winds, killing six people, devastating more than 91,000 acres and destroying nearly 1,000 homes.

Closer to the ocean, in November 1993, the "Topanga Fire" started in the hills above Malibu near Los Angeles. Because of the heavy Santa Ana winds, control of the fire was excruciatingly difficult. It burned for an agonizing two weeks. The Topanga Fire, along with 20 smaller concurrent wildfires, ultimately caused four deaths and destroyed 193,000 acres and more than 1,000 homes.

San Diego County itself has endured numerous wild fires that were occasioned or made worse by the annual weather conditions and that were often ignited by overhead electrical lines. For example, in September 1970, power lines downed by Santa Ana winds ignited the "Laguna Fire." It burned across 30 miles in just 24 hours, killing eight people and destroying 175,000 acres and nearly 400 homes.

In October 1996, during a Santa Ana windstorm, the "Harmony Grove Fire" destroyed 100 homes in the cities of Carlsbad, San Marcos and Encinitas. In February 2002, during another Santa Ana windstorm, the "Gavilian Fire" scorched 5,700 acres in Fallbrook and destroyed 43 homes. Just one year later, in 2003, the "Cedar Fire" burned out of control through more than 250,000 acres near Scripps Ranch. That fire, which was also driven by fierce Santa Ana winds, destroyed 2,500 homes and was the largest fire in recorded California history.

It is common knowledge among the general public and especially among those holding any specialized knowledge or expertise in matters relating to electrical supply distribution and/or electrical line design, engineering, construction, maintenance, inspection, repair and operation-such as Defendants SDG&E and Sempra-that the areas in which the fires ignited and burned are: a) arid, typically receiving little or no precipitation between March through October of each year; b) subject to regular drought; c) extremely hot during the summer; d) covered by vegetation that easily ignites under normal conditions, let alone during times of drought; e) subject virtually every year, between approximately September and February, to extreme Santa Ana winds that blow with sustained winds of 40 miles per hour, with gusts of 70 miles per hour and bursts of up to 115 miles per hour; and f) of the type of topography and weather prone to a history of wildfires, especially during the annual Santa Ana wind season.

In addition to the local conditions described above, because of the geography of the areas in which the fires started and burned, there are few natural firebreaks and, once ignited, fires can easily spread, quickly consuming hundreds of thousands of acres. Moreover, because of remoteness, lack of access roads, rough terrain and general lack of water supplies, it is extremely difficult to control a fire in some of these areas once it has started. This is especially true during times of drought and always true during Santa Ana winds.