Presbyterian Camp and Conference Centers, Inc. v. Superior Court (Dec. 27, 2021, S259850)
The State of California spent more than $12 million suppressing the 2016 Sherpa Fire in Santa Barbara County. The fire started on the property of petitioner Presbyterian Camp and Conference Centers, Inc. when an alleged Presbyterian employee removed a smoldering log from a malfunctioning fireplace in a cabin. The state sought reimbursement of its fire fighting costs from Presbyterian under Health and Safety Code sections 13009 and 13009.1, which permit recovery of expenses from “[a]ny person . . . who negligently . . . sets a fire, allows a fire to be set, or allows a fire kindled or attended by him or her to escape.” Presbyterian argued that sections 13009 and 13009.1 do not include respondeat superior as a basis for liability, and therefore do not apply because the fire was not started by an employee’s authorized or ratified act or by Presbyterian’s failure to act. The trial court rejected the argument, the Court of Appeal denied an ensuing writ petition, and the Supreme Court granted review to decide “whether a corporation like Presbyterian can be held vicariously liable for the cost of suppressing fires that its agents or employees negligently or unlawfully set or allowed to escape.”
The Supreme Court affirmed, holding that Health and Safety Code sections 13009 and 13009.1 “incorporate the common law theory of respondeat superior” and therefore do encompass the state’s claim that Presbyterian was vicariously liable for the negligence of its alleged employee and therefore potentially liable to reimburse the state’s fire fighting costs.
Horvitz & Levy LLP represented Presbyterian in the Supreme Court.
