Los Angeles, CA — In a significant legal move, Jay Gandhi, a retired federal judge and victim of the destructive Palisades fire, has joined a lawsuit against the Los Angeles Department of Water and Power (LADWP). The suit, which now encompasses over 750 plaintiffs, accuses the city utility of negligence during the blaze which consumed hundreds of homes, including that of Gandhi and U.S. District Court Judge Dean Pregerson.
The lawsuit, filed on January 13, highlights critical failures and lapses in emergency response. It claims that two local reservoirs, critical for firefighting, were not available as both were drained for maintenance. Moreover, it alleges that LADWP did not de-energize overhead power lines during extreme fire-risk conditions, an action that potentially could have prevented the fire.
Gandhi’s personal loss in the fire has fueled his involvement in the legal battle. On January 7, as flames engulfed the neighborhood, the available water reserves rapidly depleted, leaving firefighters struggling to control the fire. “That day we lost not just homes but our sense of security,” Gandhi explained, standing against the backdrop of his charred property.
Plaintiffs in the case argue that LADWP’s negligence directly contributed to the extent of the fire damage. They pointed out that effective wildfire defense strategies, such as preemptive power shutoffs during severe fire warnings—practices adopted by other state utilities—were not implemented.
On their part, LADWP officials dispute these claims, insisting that their infrastructure and response actions were adequate and in compliance with existing safety standards. They highlighted a 1911 California Supreme Court ruling that they believe exempts water utilities from being held liable for fire-related damages, absent a specific contractual obligation.
The utility’s defense leans on historical legal precedents, which, they argue, shield them from such liabilities. However, attorneys for the plaintiffs are referencing more recent legal outcomes, such as the Itani v. Yorba Linda Water District case that resulted in a significant payout to plaintiffs for fire damages, suggesting that LADWP could indeed be held accountable.
Governor Gavin Newsom has responded to the controversy by ordering an independent investigation into the LADWP’s management of the reservoirs and overall preparedness for emergency situations. This probe aims to determine whether the negligence claims hold merit and to assess the protocols for infrastructure maintenance and disaster response.
In addressing the resonating impacts of the fire, Gandhi underscored the broader implications of the disaster. “This is about more than just compensation—it’s about recognizing systemic flaws and ensuring this does not happen again. We need to learn from our mistakes,” he stated.
The legal team, which includes Robertson and Associates alongside Foley Bezek Behle & Curtis, also emphasized the inadequacy of insurance in covering the losses. Many homeowners, they noted, were underinsured, with some policies providing minimal coverage or being canceled outright in the preceding year.
As the case progresses to a jury trial, the plaintiffs are not only seeking restitution but also pushing for significant changes in utility management and public safety protocols to prevent future tragedies. Gandhi firmly believes that the trial will serve as an essential piece of restitution for all victims of the Palisades fire.
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