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County Counsel recommending the Board authorize the Chair to sign Agreement for Legal Services between El Dorado County and Baron & Budd, PC., Dixon Diab & Chambers, LLP, for representation on a contingency fee basis in litigation against PG&E arising from the Mosquito Fire. (4/5 vote required)
FUNDING: Contingency fee from net recovery.
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DISCUSSION / BACKGROUND
At 6:27 p.m. on September 6, 2022, a fire broke out near OxBow Reservoir in Placer County. The fire spread rapidly with very hot and dry conditions in very steep terrain. It crossed into El Dorado County. It was not 100% contained until October 27, 2022. By then, it had burned 76,788 acres, destroyed 78 structures, and damaged 13 structures. (The figures are for the entire burn area, over both counties.) El Dorado County had 22 parcels with damaged structures. Preliminary investigation had identified electrical activity at a PG&E transmission pole near the OxBow Reservoir as a possible cause.
Baron & Budd, P.C. and Dixon Diab & Chambers, LLP are law firms that specialize in municipal law and wildfire litigation. The firms are highly qualified to assist the County in recovery of its damages arising from this fire. The proposed agreement specifies that the firms will be compensated through a contingency fee based on eighteen percent (18%) of any net settlement or net recovery that the firms obtain for the County. The fee shall be based on a percentage of any settlement or recovery after the deduction of any expense or cost, i.e., the “net” recovery. The fee will be paid solely from amounts recovered from defendants, their insurance companies, or third-party liable companies If no recovery is made, no fees, expenses, or costs will be charged or received by the firms.
County Counsel will work with Baron & Budd, P.C. and Dixon, Diab & Chambers, LLP on all legal services connected with the Mosquito Fire litigation. In addition to El Dorado County, additional public agencies are cons...
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