Family of Montecito mudslide victim files wrongful death lawsuit

Several Montecito residents are suing a major California power company, saying it was responsible for a massive wildfire that stripped the hillside of the vegetation that could have prevented the deadly mudslides.

The lawsuit filed Wednesday in Santa Barbara Superior Court is the first wrongful death lawsuit stemming from the Montecito debris flow.

The suit traces the death and destruction back to the Thomas Fire, alleging that two transformers owned by Southern California Edison either caught fire or exploded and ignited brush.

“I’ve got a new lease on life and I just want to get on with my life,” said Ralph “Lalo” Barajas.

All that’s left of the home Barajas shared with his partner is a free-standing wall. Mud still covers at least half of it.

“I mean this was our place for 17 years,” Barajas said, choking back tears.

He remembers the last time he saw Peter Fleurat before he was swept away on January 9th.

“I landed in my neighbor’s tree and that saved me,” Barajas said. “Peter’s the one that yelled out to do that. As far as I can tell I should not be standing here. If you look around, how did I make it out of this house and land in this tree and manage to get to that house? It’s a miracle.”

Now, Barajas is seeking some clarity. “I want some answers to put my life back together,” he said.

The survivor’s legal team is placing the blame on Southern California Edison.

“The stories we hear from our clients are chilling,” said Pete Bezek, Managing Partner of Foley Bezek Behle & Curtis LLP. “That’s what makes this case special and that’s why we’re here,”

While no amount of money can bring a loved one back, attorneys say So Cal Edison started the Thomas Fire.

“We don’t have to show that Edison was actually negligent in the maintenance or operation of their system,” attorney Joseph Liebman of Santa Barbara said. “We simply have to tie causally, the electricity, the fire and the debris flow and our expert’s told us it is a very easy connection to make,”

Lawyers behind the first wrongful death lawsuit stemming from the Montecito mudslide allege Edison’s faulty electrical equipment created the fatal conditions.

“Clients have reported hearing snapping trees right before their homes were wiped out. None of that damage happened in the neighboring canyons that the fire didn’t burn,” said Alex Robertson with Robertson and Associates.

Barajas still doesn’t know how to wrap his head around what happened but he hopes to rebuild in the same spot, and hopes one day things will be normal again.

“He would want me to live my life and I would like to put this house back together I don’t know if it’ll be up to code or the way we had it before. There will be some changes but I would love to see his garden beautiful again. I would love to see the house back here,” said Barajas.

The attorneys also filed lawsuits on behalf of mudslide victims Michael Armand Hammer and Pierre Lafond. The three residents and one business suing are seeking damages that would be determined at a jury trial.

Collectively the legal group has filed 17 lawsuits on behalf of 250 victims from the Thomas Fire and Montecito debris flow.

Representing Fleurat’s family are attorneys Alexander Robertson IV, of Westlake Village; Peter Bezek, of Foley Bezek Behle & Curtis LLP in Santa Barbara; Joseph Liebman of Santa Barbara; and Geoff Spreter of San Diego.