UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA. Plaintiff,

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1 Case :-cv-0-odw-dtb Document Filed 0// Page of Page ID #: 0 0 EILEEN M. DECKER United States Attorney DOROTHY A. SCHOUTEN Chief, Civil Division ROBYN-MARIE LYON MONTELEONE Chief, General Civil Section GARRETT COYLE Federal Building, Suite 00 North Los Angeles Street Los Angeles, California 00 Telephone: () - Facsimile: () - garrett.coyle@usdoj.gov Attorneys for Plaintiff United States of America United States of America, UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA v. Plaintiff, Tarek M. Al-Shawaf; James D. Nowlin; Donna L. Nowlin; and Does through, Defendants. Plaintiff United States of America alleges as follows: I. Preliminary Statement No. -cv- Complaint for () Negligence; () Violation of California Public Resources Code ; () Violation of California Health & Safety Code ; () Trespass by Fire; and () Interest and Penalties Demand for Jury Trial. This case seeks to recover damages the United States incurred from the Mountain Fire, which ignited on private property on July, 0, and spread to the San Bernardino National Forest. The Mountain Fire burned for over two weeks, scorching approximately, acres, including approximately, acres of National Forest System lands. II. Parties. Plaintiff United States of America is the federal government. The United

2 Case :-cv-0-odw-dtb Document Filed 0// Page of Page ID #: 0 0 States, as sovereign, owns National Forest System lands in Riverside County, California that are under the supervision, control, administration, and protection of the United States Department of Agriculture, Forest Service (the Forest Service), an agency and instrumentality of the United States.. Defendant Tarek M. Al-Shawaf is a natural person who at all times relevant to the complaint owned the property known as Gibraltar West located at 0 Highway in the area of Riverside County, California known as Mountain Center.. Defendants James D. Nowlin and Donna L. Nowlin are natural persons who at all times relevant to the complaint were employed by Al-Shawaf as caretakers of Gibraltar West.. Defendant Does through are individuals and entities whose identity is not currently known who are responsible for the damages caused to the United States as alleged in this complaint. III. Jurisdiction and Venue. The case arises under federal and California law, including federal and California common law, California Health and Safety Code 00 and , California Public Resources Code and, California Fire Code 0., California Civil Code (a) and, C.F.R.. and.(a), and U.S.C... This Court has jurisdiction under U.S.C... Venue is proper under U.S.C. (b) because a substantial part of the events or omissions giving rise to the claims occurred in the Central District of California. IV. General Allegations. The Mountain Fire ignited on or about July, 0, on private property in Riverside County, California and spread to National Forest System lands within the San Bernardino National Forest. 0. Investigators determined that the Mountain Fire ignited in a plastic

3 Case :-cv-0-odw-dtb Document Filed 0// Page of Page ID #: 0 0 electrical junction box on the Gibraltar West property. The junction box housed electrical wires running from the electrical panel of the main house on the property to a water well on the property.. The junction box s lid was warped, not properly secured, and ajar. As a result, an electrical discharge inside the box shot sparks and hot material out of the box and onto dry ground vegetation below.. At all times relevant to the complaint, the electrical junction box and the electrical wires from the property s main house to the well were owned, maintained, and controlled by defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through.. Defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through had non-delegable and statutory duties to properly inspect and maintain their electrical equipment, electrical wires, and electrical junction boxes to ensure that they were safe, properly secured, and clear from dangerous conditions. Specific non-delegable duties of the defendants are set forth in, among other provisions, California Fire Code 0., C.F.R.., California Public Resources Code, California Civil Code, and California Health and Safety Code 00.. The electrical equipment, electrical wires, and electrical junction boxes on the Gibraltar West property that ignited the Mountain Fire are a device which may kindle a fire within the meaning of California Public Resources Code.. Under California Public Resources Code, the origination of the Mountain Fire from the operation or use of the electrical equipment, electrical wires, and electrical junction boxes on the Gibraltar West property is prima facie evidence of the defendants negligence in the maintenance, operation, or use of the electrical equipment, electrical wires, and electrical junction boxes.. The ignition of the Mountain Fire was an incident of a kind that ordinarily does not occur in the absence of negligence. It was caused by activity within the exclusive control of the defendants. It was not due to any act by the United States. Res

4 Case :-cv-0-odw-dtb Document Filed 0// Page of Page ID #: 0 0 ipsa loquitur applies to this case.. Causing timber, tress, brush, or grass to burn except as authorized by permit is prohibited by law, including C.F.R..(c) and California Public Resources Code. Ignition of the Mountain Fire was not authorized by permit or by the United States.. The Forest Service suppressed the Mountain Fire at substantial cost to the United States. As a result of its efforts to extinguish the Mountain Fire, the Forest Service sustained suppression costs in excess of million dollars, natural resource damages in excess of million dollars, and emergency rehabilitation costs in excess of 00,000 dollars.. The damages to the United States include, but are not limited to: mitigation, rehabilitation, and reforestation of burned areas; loss of and damage to timber, habitat, wildlife, watershed, earth, scenery, and environment; aesthetic values; loss of use and recreation; soil damage; and erosion. 0. The Forest Service has made demand on defendants Tarek M. Al-Shawaf, James D. Nowlin, and Donna L. Nowlin for payment of the costs and damages incurred by the United States to suppress the Mountain Fire and undertake emergency rehabilitation efforts. Defendants Tarek M. Al-Shawaf, James D. Nowlin, and Donna L. Nowlin have not paid any part of the sum demanded by the United States. CLAIMS FOR RELIEF First Claim for Relief (Negligence). The United States realleges paragraphs through 0, inclusive, as if fully. At all times relevant to this case, defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through had the duty to maintain their property, electrical equipment, electrical wires, and electrical junction boxes in a manner so as to prevent damage to the land and property of the United States.

5 Case :-cv-0-odw-dtb Document Filed 0// Page of Page ID #: 0 0. Defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through breached their duty of care and were negligent in causing the Mountain Fire, including but not limited to their failure to prevent damage to the land and property of the United States; to take reasonable precautions to prevent and suppress fires; to construct, maintain, and operate their electrical equipment, electrical wires, and electrical junction boxes in a safe and effective working order; and to properly and safely maintain, operate, use, and occupy their property through the provision of appropriate training, instruction, and supervision of their agents and employees.. Among other acts and omissions, defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through breached their duty to use due care and caution in the design, construction, maintenance, use, operation, and management of their electrical equipment, electrical wires, and electrical junction boxes in the area of the origin of the Mountain Fire on the Gibraltar West property.. The United States and its citizens are one of the classes of persons that California Fire Code 0., C.F.R.., California Public Resources Code, California Civil Code, and California Health and Safety Code 00 are intended to protect. The violation of these provisions by defendants Tarek M. Al- Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through constitutes negligence per se and was a substantial factor in causing the United States damages as alleged herein. Defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through are liable for these damages in an amount to be proven at trial.. The negligent acts, omissions, and violations of law by defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through, and their agents and employees, caused the Mountain Fire to ignite and proximately caused the damages the United States sustained.. Defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through are responsible for all costs and damages caused by their own

6 Case :-cv-0-odw-dtb Document Filed 0// Page of Page ID #: 0 0 negligence and the negligence of their agents and employees, including those damages under the common law and California Civil Code.. As a result of the negligence of defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through, the United States incurred damages in an amount to be established at trial. Second Claim for Relief (California Public Resources Code ). The United States realleges paragraphs through, inclusive, as if fully 0. Under California Public Resources Code, the origination of the Mountain Fire from the operation or use of the electrical equipment, electrical wires, and electrical junction boxes on the Gibraltar West property is prima facie evidence of the negligence of defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through in the maintenance, operation, or use of the electrical equipment, electrical wires, and electrical junction boxes. The negligence of defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through was the proximate cause of the damages the United States sustained as a result of the Mountain Fire.. As a result of the negligence of defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through, the United States incurred damages in an amount to be established at trial. Third Claim for Relief (California Health & Safety Code 00 & ; California Civil Code ). The United States realleges paragraphs through, inclusive, as if fully. Defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through, and their agents and employees, negligently or in violation of law

7 Case :-cv-0-odw-dtb Document Filed 0// Page of Page ID #: 0 0 ignited the Mountain Fire, thereby setting fire to or allowing fire to be set to National Forest System lands within the San Bernardino National Forest.. The Mountain Fire destroyed property of the United States and caused the United States to incur fire suppression costs, rehabilitation costs, resource damages, and other damages, including damages to the environment, in an amount to be established at trial. Defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through are liable for all damages to the United States resulting from the Mountain Fire, including without limitation its fires suppression costs, damages for injury to federal property, and the United States administrative, investigative, accounting, and collection costs, under California Health and Safety Code 00 & and California Civil Code, in an amount to be established at trial. Fourth Claim for Relief (Trespass by Fire). The United States realleges paragraphs through, inclusive, as if fully. Defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through, and their agents and employees, negligently or in violation of law ignited the Mountain Fire, thereby setting fire to or allowing fire to be set to National Forest System lands within the San Bernardino National Forest. Defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through, and their agents and employees, negligently or in violation of law failed to control the burn, allowing it to spread uncontrollably.. The Mountain Fire damaged and destroyed property of the United States, including causing damage to approximately, acres of National Forest System lands.. As a result of the Mountain Fire s trespass on the National Forest System lands within the San Bernardino National Forest, the United States has incurred damages in an amount to be established at trial, including but not limited to fire suppression costs,

8 Case :-cv-0-odw-dtb Document Filed 0// Page of Page ID #: 0 0 rehabilitation costs, injury to trees, timber, and vegetation, reforestation costs, environmental damages, and injury to wildlife habitat.. Defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through are also liable to the United States for wrongful injury to its timber, trees, and underwood under California Civil Code. Fifth Claim for Relief (Interest and Penalties) 0. The United States realleges paragraphs through, inclusive, as if fully. Under California Health and Safety Code 00 & 00. and U.S.C., the United States is entitled to recover its administrative, investigative, accounting, and collection costs, as well as interest and late payment charges, in addition to its resource damages and fire suppression costs from the Mountain Fire.. The United States demanded on February, 0, that defendants Tarek M. Al-Shawaf, James D. Nowlin, and Donna L. Nowlin pay the costs and damages incurred by the United States due to the Mountain Fire. Defendants Tarek M. Al-Shawaf, James D. Nowlin, and Donna L. Nowlin have not paid any part of the sum demanded by the United States. PRAYER FOR RELIEF Wherefore, plaintiff United States of America prays for judgment against defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through as follows.. For damages against defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through for fire suppression costs, resource damages, and other recoverable costs and damages arising from the Mountain Fire (including but not limited to the costs of rehabilitation, restoration, and reforestation of the burned areas, wrongful injury to the United States trees, loss of timber and vegetation, loss of habitat, environmental damages, soil damages, loss of use, loss of scenic views, and loss

9 Case :-cv-0-odw-dtb Document Filed 0// Page of Page ID #: 0 0 of aesthetic values), investigation costs, accounting and administrative costs, interest, and penalties as allowed under the law in an amount to be determined at trial;. For double or triple damages against defendants Tarek M. Al-Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through for wrongful injury to the United States timber, trees, and underwood under California Civil Code ;. For interest and late payment penalties against defendants Tarek M. Al- Shawaf, James D. Nowlin, Donna L. Nowlin, and Does through under U.S.C. ;. For costs of this case; and. For such other and further relief as the Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiff United States of America demands a jury trial in this case. Dated: July, 0 EILEEN M. DECKER United States Attorney DOROTHY A. SCHOUTEN Chief, Civil Division ROBYN-MARIE LYON MONTELEONE Chief, General Civil Section /s/ Garrett Coyle GARRETT COYLE Attorneys for Plaintiff United States of America