People v. Wilson

REGAN, J.

In this judgment roll appeal the sole question is whether the action commenced by the State of California to recover fire suppression costs is barred by the statute of limitations.

On December 3, 1959, a fire, which was negligently set by defendant on his own land, spread to land owned by neighboring property owners. There was no allegation nor proof that the fire burned or threatened any property owned by the plaintiff, the State of California. Plaintiff incurred expenses in attempting to suppress the fire on the neighboring property. On March 27, 1962 (over two years later), plaintiff filed this action seeking to recover $14,772.29 fire suppression expenses. Defendant raised the defense of the statute of limitations by demurrer and answer. The jury awarded plaintiff the sum of $1,000. Defendant’s motion for a judgment notwithstanding the verdict on the grounds that the action was barred by the statute of limitations was denied. Plaintiff moved the court for a new trial which was granted. This appeal is from the order granting plaintiff a new trial and from the order denying defendant’s motion for a judgment notwithstanding the verdict.

Plaintiff relies on sections 13007, 13008 and 13009 of the Health and Safety Code to support its right to recovery.

Section 13007 provides: “Any person who personally or through another wilfully, negligently, or in violation of law, sets fire to, allows fire to be set to, or allows a fire kindled or attended by Mm to escape to, the property of another, whether privately or publicly owned, is liable to the owner of such property for any damages to the property caused by the fire.”

Section 13008 provides: “Any person who allows any fire

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burning upon his property to escape to the property of another, whether privately or publicly owned, without exercising due diligence to control such fire, is liable to the owner of such property for the damages to the property caused by the fire. ’ ’

Section 13009 provides: ‘ ‘ The expenses of fighting any fires mentioned in Section 13007 and 13008 are a charge against any person made liable by those sections for damages caused by such fires. Such charge shall constitute a debt of such person, and is collectible by the person, or by the federal, state, county, or private agency, incurring such expenses in the same manner as in the case of an obligation under a contract, expressed or implied."