San Francisco Chronicle

Gag order:

- Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@ sfchronicl­e.com Twitter: @BobEgelko By Bob Egelko

Judge in the Tubbs Fire trial issues an order preventing PG&E and its opponents from discussing the merits of their case outside court.

The judge in the upcoming trial to determine whether Pacific Gas and Electric Co. was responsibl­e for the lethal Tubbs Fire said Wednesday that she would issue a narrow version of the gag order requested by PG&E to prevent both sides from discussing the merits of their case in public.

“You can’t go and argue your case outside this courtroom,” San Francisco Superior Court Judge Teri Jackson said during a onehour hearing. She said PG&E and lawyers for the fire victims were free to talk about related issues — power blackouts, other fires, the laws governing a utility’s responsibi­lity for wildfires — but would be barred from publicly assessing blame for the Tubbs Fire.

The October 2017 fire killed 24 people and destroyed more than 5,600 structures in Sonoma and Napa counties. State investigat­ors concluded in January that it had started in the electrical system of a private property owner not controlled by PG&E. But lawyers for fire victims said they have contradict­ory evidence implicatin­g the utility, and the judge overseeing PG&E’s bankruptcy agreed to let them take their case to a jury in state court.

Jackson has scheduled an eightweek trial, with jury selection starting Jan. 7. At Wednesday’s hearing, PG&E lawyer Brad Brian accused fire victims’ lawyers of trying to sway prospectiv­e jurors with comments to the news media.

“Plaintiffs’ attorneys have fueled the firestorm of publicity about this case,” attacking the state’s investigat­ion and showing videos that allegedly connect the utility to the fire, Brian told Jackson. He said the lawyers have acknowledg­ed that “they made these statements to educate the public” and to encourage victims to file claims.

Frank Pitre, a lawyer for the fire victims, said the attorneys were entitled to speak out “to protect clients from recent undue publicity” about the Cal Fire report. He said newspaper headlines proclaimin­g that the agency had “cleared” PG&E were misleading and could prejudice the jury pool if not contradict­ed.

Pitre also cited Phil Matier’s column in Wednesday’s Chronicle about the likelihood that PG&E could pass increased costs along to the taxpayers under inverse condemnati­on, a rule that holds the utility responsibl­e for fires started by its equipment regardless of fault, and one that it wants lawmakers to repeal. Jurors who read such reports may wonder if their utility bills will increase if they vote to hold PG&E liable for the Tubbs Fire, Pitre said.

Jackson said both sides could publicly argue about inverse condemnati­on, PG&E’s structure and regulation, and its responsibi­lity for other fires. She said they could also make general statements about the case — such as “we believe there is liability” — but not about the evidence they think will prove their case.

Jackson also noted that California ethical standards for lawyers prohibit them from making outofcourt statements that would have a “substantia­l likelihood of materially prejudicin­g” a case.

“You can talk about the Kincade Fire,” the judge said, “but not about who started the Tubbs Fire.” The 76,825acre Kincade Fire in Sonoma County started near a PG&E transmissi­on tower that malfunctio­ned shortly before the fire broke out.

She told the opposing sides to try to agree on a draft order and present it to her at a hearing Nov. 8.

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