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Baldwin Hills Fire Victims Seek to Consolidate Suit

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Times Staff Writer

Attorneys for about 90 victims of the July 2 Baldwin Hills fire filed papers in Los Angeles Superior Court on Monday to consolidate their cases against Pepperdine University and ask for preference in setting an early trial date.

Because civil lawsuits in Los Angeles County take as long as five years to get to trial, the lawyers are seeking preferential treatment, because “at least a dozen of the plaintiffs are 70 years old or older and one of them died a couple of weeks ago,” attorney James H. Davis said.

The suits, filed on behalf of those who lost homes, belongings or loved ones in the arson-caused brush fire that destroyed or damaged 66 homes and left three people dead, also name the City of Los Angeles as a defendant.

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“In my judgment, the case against the city is weak,” Davis acknowledged Monday. “But there is some indication there was some neglect (in getting fire-fighting equipment there in time).”

Davis said the basic case is against the university on the grounds that “Pepperdine allowed the grass and weeds (along La Brea Avenue, where the fire was started) to grow, after being told twice to clean it up. A nuisance was created, making them liable in our opinion.”

The lawyer said no specific amount of dollar damage is sought in the cases, but added that “it will probably be upward of $20 million.”

He said punitive damages also are being sought “on the theory of conscious disregard.”

In one case, Davis said, 64-year-old victim Vivian Schertle, who has undergone skin graft operations for second- and third-degree burns, still is undergoing treatment and has run up medical expenses of “several hundred thousand dollars.”

A hearing on the motion for early trial is scheduled for March 26. California law allows for a trial to be set within 120 days under certain conditions--in this case, the age of the plaintiffs and the fact that a felony (arson) was involved.

Several lawsuits have been filed against the university since the fire, including at least two by insurance companies responsible for covering losses.

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New Cases

Two new lawsuits were filed at the downtown courthouse on Monday by attorney Johnnie L. Cochran Jr., and they too are included in the request for consolidation. Davis, Cochran and attorney John Sweeney are all seeking to have the cases joined and heard by a single judge at an early date.

With Davis Monday was Geraldine White, whose husband John, 64, died Feb. 27 of a stroke. She said she and her husband, who “already had a heart problem,” lost their home in the fire and have had to move twice to apartments since.

“The stress didn’t help him,” she said.

Spokesmen for both the university and the city Monday reiterated their continuing policies not to comment on the pending litigation.

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