Eaton Fire · Court update
Eaton Fire: Judge refuses to rule out inverse condemnation against Edison
The court denied Southern California Edison’s request to rule that California’s inverse condemnation rule cannot apply to the Eaton Fire. The question will be decided at trial. The ruling does not mean Edison has been found liable.
Published
Key points
- Judge Laura Seigle of the Los Angeles Superior Court denied Edison’s request to rule out inverse condemnation, reported on October 28, 2026.
- She also denied insurers’ request to apply it without a trial. Whether it applies will be argued at a trial scheduled for late January 2027.
- Inverse condemnation covers property damage. Injury and wrongful death claims are brought in other ways and have earlier deadlines.
What the court decided
Thousands of Eaton Fire survivors, and insurance companies that paid their claims, are suing Southern California Edison (SCE) in coordinated cases in the Los Angeles Superior Court. Many of those lawsuits include a claim for inverse condemnation.
Edison asked the court to rule that inverse condemnation cannot apply. Its argument was that the transmission tower investigators linked to the fire had been out of service since 1971, so it no longer counted as public infrastructure. The judge denied that request. She wrote that Edison “did not cite any legal authority” for the position that an idle line built to serve the public cannot be a public improvement.
At the same time, the judge denied the insurers’ request to apply inverse condemnation without a trial. In August 2026, she had issued a tentative ruling declining that request, finding that the insurers had not shown, as a matter of law, that the idle equipment carried an inherent risk of starting a wildfire.
The result: neither side won the issue in advance. Edison and the plaintiffs will argue it at an initial trial scheduled for late January 2027. Trial dates can change.
Edison has said it disagrees with the ruling and has encouraged survivors to use its Wildfire Recovery Compensation Program instead of litigation.
What inverse condemnation is
The California Constitution requires the government to pay for private property it takes or damages for public use (Article I, section 19). California courts have applied this rule to utilities whose equipment starts wildfires. In 2018, a Los Angeles court rejected SCE’s challenge to applying it to the Thomas Fire.
- No need to prove negligence. The property owner does not have to prove the utility was careless.
- It is not automatic. The owner must show the damage came from a risk built into how the utility’s equipment was designed, built or maintained (City of Oroville v. Superior Court (2019) 7 Cal.5th 1091). That is the question the January trial will address.
- Property damage only. It covers damage to your home, other structures and belongings. Injuries, emotional distress, wrongful death and punitive damages must be claimed through negligence and other claims.
What this means if you lost property in the Eaton Fire
The ruling keeps inverse condemnation available as a claim against SCE for now. It is not a finding that SCE is liable, and it does not change your deadlines.
Your own deadline depends on your facts. Have a lawyer confirm it.
How we handle Eaton Fire lawsuits
We sue SCE for inverse condemnation for damage to your home and belongings, along with negligence, trespass and other claims that fit your losses. Joseph West has more than 20 years of experience with fire loss cases, including lawsuits against utilities for inverse condemnation.
Talk with Joseph West
We can review your losses, your deadlines, and whether SCE’s program, a lawsuit or both make sense for you.
Talk to us about a lawsuit Call (310) 478-0890Sources
- Insurance Journal (Bloomberg), “Edison Must Face Jury Over Equipment’s Role in Massive California Fire,” Oct. 28, 2026. insurancejournal.com
- Insurance Business, “Edison must face jury over equipment’s role in Eaton Fire,” Oct. 28, 2026. insurancebusinessmag.com
- Insurance Journal (Bloomberg), “Edison Judge Balks at Holding Utility Liable for LA Wildfire,” Aug. 12, 2026. insurancejournal.com
- Courthouse News Service, “SoCal Edison sidesteps insurers’ inverse condemnation bid over Eaton Fire.” courthousenews.com
- Edison International, Form 10-Q for the quarter ended Sept. 30, 2024 (Thomas Fire inverse condemnation ruling). sec.gov
- California Constitution, Article I, section 19; Code of Civil Procedure sections 335.1 and 338.
This article provides general information as of October 30, 2026, not legal advice for your particular circumstances. Court rulings and trial dates can change, and your rights and deadlines depend on your facts. Reading this article or contacting us does not create an attorney-client relationship. The West Law Firm of California, Inc. · Joseph West, Esq., responsible attorney · 11835 W Olympic Blvd #1055, Los Angeles, CA 90064.
