A retired federal judge has entered a lawsuit against the Los Angeles Department of Water and Power (LADWP) following the devastating Pacific Palisades fire that destroyed his home. Jay Gandhi, who previously mediated high-stakes wildfire settlements involving Pacific Gas & Electric (PG&E), has now shifted his focus to the local utility responsible for managing water and power in Los Angeles.
Gandhi, who oversaw a $1 billion settlement for cities affected by major wildfires, lost his family residence in the fire that occurred in early January. His experience brings a significant background to the ongoing legal battle, as he joins a suit filed on January 13, representing over 750 fire plaintiffs affected by the tragic event.
U.S. District Court Judge Dean Pregerson, who also lost his home in the Pacific Palisades fire, is a notable participant in the lawsuit as well, further underlining the urgency and seriousness of the claims being made.
In a press event, Gandhi expressed the profound impact of the event on his family, stating, “It was a sense of security and safety that went up in smoke on Jan. 7.” He emphasizes the desire for accountability from the city, not just for his family but for all those who endured loss during the catastrophic fire.
The lawsuit centers on allegations that LADWP failed to adequately manage its water resources during the fire, particularly in relation to two crucial reservoirs that were not maintained at sufficient levels. The complaint suggests that due to inadequate water supply, essential fire hydrants in the area faltered, with three tanks, each containing one million gallons of water, running dry in a mere 12 hours.
Gandhi’s concerns are amplified by claims that LADWP left overhead power lines energized rather than implementing a public safety shutoff, a precaution that other utility companies would have taken during red-flag warnings. At the time of the fire, a red flag warning was indeed in effect, heightening the severity of the situation.
In response to the allegations, LADWP officials have denied the claims, asserting that the utility’s systems were well-managed and compliant with fire codes. A spokesperson for the utility stated, “It is expected to see plaintiffs joining lawsuits at this early stage to preserve their claims. However, long-settled law and precedent prevent water utilities, and their rate payers, from being liable for wildfire losses.”
LADWP attorneys are bolstering their defense by referencing a 1911 California Supreme Court decision which posits that the utility does not have a contractual obligation to provide water for firefighting. According to them, the utility’s system exceeded required standards for fire suppression.
California Governor Gavin Newsom has expressed his concerns over the fire’s management, calling the situation “deeply troubling” and has ordered an independent investigation to assess LADWP’s management of its water reserves during the incident.
Gandhi firmly believes that the Pacific Palisades fire was preventable and views the legal proceedings as a critical step toward obtaining restitution for homeowners and businesses significantly impacted by the blaze. He argues that it is crucial for the city to acknowledge its responsibility in this matter. “The city must stand up and claim responsibility and do right by the residents of the Palisades. And that’s why I joined this battle,” Gandhi stated, voicing his commitment to seeking justice for those affected.
As a former U.S. Magistrate Judge for the Central District of California and a partner at the Paul Hastings law firm prior to his retirement, Gandhi’s legal insight and experience provide a substantial foundation for the claims he is pursuing against LADWP, reflecting the larger community’s pursuit of accountability after this tragic loss.
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