What Eaton Fire survivors need to know about a key legal deadline

A 723-page state-commissioned report that was released earlier this month found that the devastation of the January 2025 Eaton and Palisades fires was caused by widespread failures in emergency communications. 

It also demonstrated that those failures fell hardest on renters, people with disabilities and residents who don’t speak English.

Legal deadline for claims

The report comes as Eaton Fire survivors face a key legal deadline, with certain claims against Southern California Edison (SCE) due by Jan. 7, 2027. Survivors who miss that window may lose the right to recover altogether; the first bellwether trial against SCE is scheduled to begin that same month. 

CALÓ News spoke with attorney Steve Lopez of Gibbs Mura, who serves on the plaintiffs’ steering committee in the Eaton Fire litigation. He explained what the report means for affected families, which claims are on the clock and what survivors should do before the deadline passes.

Lopez shared that they currently represent hundreds of families who lost their homes in the Eaton fire and that the report is crucial, as it confirms a lot of details on how the fire was initiated. “Edison didn't maintain their equipment properly, and as a result, that caused the fire to start,” he said.

After the fire, there’s been a lot of information on recovery, relief and resources, but he emphasized that it hasn't made its way to all the vulnerable communities affected by the fire. “What we’re trying to do is get this information out to the communities so that everybody's very well aware of what the deadlines are,” he said.

He also urged survivors to be aware of the statute of limitations, which is generally about two years from the fire, and highlighted personal injury or emotional distress as the two most important types of claims. “It would be very challenging if people missed that deadline, and we believe these cases are strong and can help them rebuild their lives,” Lopez said.

Requirements

He also said that homeowners considering a lawsuit against SCE should gather public records showing proof of residency and property ownership to support their claims. Lopez said he will do the heavy lifting of figuring out how they were affected by the fire to create a case against the company.

He added that renters also need to provide proof of residency. Examples include a lease agreement, rent receipts or a California driver’s license showing their home address at the time of the fire.

Who can file a lawsuit?

The firm warned that Latino communities could be disproportionately affected if residents are unaware of the upcoming deadline for filing certain Eaton Fire claims.

According to Palabra NAHJ, 74,000 Latinos were affected by the fires, which is roughly 25% of the total impacted population in the area. Additionally, at least 35,000 of those Latino individuals held jobs that faced temporary or permanent displacement.

Immigration and Customs Enforcement (ICE) recently launched a 45-day crackdown in California, with officials ordering its agents to “go after anybody,” regardless of whether an individual has a criminal history. 

Lopez said he has represented wildfire victims who were undocumented and helped them recover compensation to rebuild their lives. He encouraged fire survivors who may be hesitant to disclose personal information because of their immigration status to understand that they may still have legal options. “I know how this works, and I understand folks are afraid, but the law does protect that status from being disclosed in court,” he said.

Lopez pointed to California Evidence Code Section 351.2(a), which prohibits evidence of a person’s immigration status from being admitted in civil cases involving personal injury or wrongful death. The law also restricts discovery into a person’s immigration status in these cases.

“If people have concerns, they should still talk to a lawyer and understand what the process would look like. A lawyer can help them understand their rights,” Lopez said, adding that conversations with an attorney are 100% confidential.

Process time

He also shared that a lawsuit doesn’t really have a processing time frame but that this specific one has been moving quickly, which is a positive sign, as it will allow the community that was affected to rebuild.

“We are in front of a really good judge in the LA Superior Court, and there’s a trial date in January for some folks that have already filed a claim, but Edison is seeking to move that deadline right now,” he said. “They’re scared; they don't want a jury of folks in L.A. to hear this case about the community that was destroyed, and they caused it.”

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