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LAW OFFICES OF
WALKUP, MELODIA, KELLY & SCHOENBERGER
A PROFESSIONAL CORPORATION
2 ED
650 CALIFORNIA STREET, 26" FLOOR
SAN FRANCISCO, CALIFORNIA 94108-2615, SAN MATEO COUNTY
T: (415) 981-7210 - F: (415) 391-6965
MAR 2 6 20
MATTHEW D. DAVIS (State Bar #141986)
mdavis@walkuplawoffice.com
Le
SPENCER J. PAHLKE (State Bar #250914)
spahlke@walkuplawoffice.com
ATTORNEYS FOR PLAINTIFFS
BRICEIDA LOPEZ AND JOSE SOLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10
11 BRICEIDA LOPEZ, an individual, JOSE Case No. 18CIV01696
SOLIS, an individual
12 DECLARATION OF MATTHEW D.
Plaintiffs DAVIS IN SUPPORT OF PLAINTIFF
13 BRICEIDA LOPEZ’S MOTION FOR
Vv AN AWARD OF $13,000 IN
14 DISCOVERY SANCTIONS AGAINST
PAUL BONIFACIO, an individual. DEFENDANT AMERIGAS
15 MARGARET HYUN, an individual PROPANE, L.P.
AMERIGAS PROPANE, L.P., a business
16 entity, AMERIGAS PROPANE, INC, a Date 5/3/14
corporation, AMERIGAS, INC., a Time 9:00 a.m.
17 corporation, and DOES ONE through Dept Law & Motion
ONE-HUNDRED, inclusive
18 Filed Concurrently with NOTICE OF
Defendants MOTION AND MOTION; MP&A ISO
19 MOTION; PROPOSED ORDER; AND
18 CIV 01696 PROOF OF SERVICE
Ds
20 Declaration in Support
Action Filed: April 6, 2018
21
22
| lth | | IM Trial Date: November 18. 2019
23 I, Matthew D. Davis, declare as follows
24 1 Iam an attorney duly admitted to practice before this Court and all
25 courts in the State of California. I am a partner with Walkup, Melodia, Kelly &
26 Schoenberger, attorneys of record for plaintiffs Briceida Lopez and Jose Solis. Except
27 as to matters stated on information and belief, I have personal knowledge of the facts
28 set forth herein, and if called as a witness, I could and would competently testify
AW OFFICESOF
P, MELODIA, Ly 1
aN sister DECLARATION OF MATTHEW D. DAVIS IN SUPPORT OF PLAINTIFF BRICEIDA LOPEZ'S
sawenaNe 6 cs 94108 MOTION FOR AN AWARD OF DISCOVERY SANCTIONS - CASE NO. 18CIV01696
thereto. As to matters states on information and belief, I have good faith, fact-based
reasons for believing them to be true. I make this declaration in support of plaintiff
Briceida Lopez’s Motions To Compel And For Sanctions Against Defendant AmeriGas
Propane L.P.
2 lam the lead attorney on this matter. In the course of our firm’s
investigation and during this litigation, I have reviewed numerous documents,
including the reports of the investigation of the fire that gives rise to this lawsuit and
that were prepared by the Placer County Sheriffs Department, the North Tahoe Fire
Protection District, and the Squaw Valley Fire Department. Those voluminous
10 documents state that the fire that gives rise to this lawsuit happened at a vacation
11 home located at 1509 Christy Lane in Squaw Valley, Placer County, California. The
12 documents state that the fire occurred during a period of heavy snow and started at
13 about 7:09 p.m. on March 17, 2018. The investigators concluded that the fire was
14 caused when leaked propane gas ignited as plaintiffs were cleaning the home. None
15 of the defendants have disputed these basic facts. Fire investigators also concluded
16 that the propane leaked from cracks in pipes in the propane delivery system just
17 outside the south wall of the house. Attached hereto as Exhibit 1 is a true and
18 correct copy of one such report, prepared by members of the Sheriffs Department,
19 that reached that conclusion.
20 3 Defendant AmeriGas Propane, L.P. (hereafter, “AmeriGas”) has
21 admitted that it supplied propane to the Christy Lane house before the fire, including
22 a delivery on January 12, 2018. Attached hereto as Exhibit 2 is a true and correct.
23 copy of AmeriGas’s responses to plaintiff Briceida Lopez’s first set of special
24 interrogatories, and it makes these admissions in response to interrogatories nos. 1
25 and 2.
26 4 T have reviewed thousands of pages of medical records for my clients
27 Briceida Lopez and Jose Solis. I have also met with them in person on at least four
28 occasions. I have also had a professional photographer take photographs of their burn
LAW OFFICES OF
WALKUP, MELODIA, KELLY 2
& SCHOENBERGER
ONAL CORPORATION
FORNIA, STREET DECLARATION OF MATTHEW D. DAVIS IN SUPPORT OF PLAINTIFF BRICEIDA LOPEZ’S
DerFL ‘Ok
FRANCISCO,
(415) 981-7210CA 94108 MOTION FOR AN AWARD OF DISCOVERY SANCTIONS - CASE NO. 18CIV01696
injuries. Those photographs and the medical records have all been produced to the
defendants, including AmeriGas Propane, L.P. I have also consulted with medical
experts who have evaluated my clients’ injuries. Based on all of this, I am informed
and believe that Ms. Lopez suffered “full thickness” third degree burns to 70% of the
skin on her body, including her entire face, and that Mr. Solis suffered third degree
burns to about 25% of the skin on his body. Both plaintiffs underwent numerous
surgeries and medical procedures, including extensive skin graft procedures and both
have disfiguring scars. Ms. Lopez developed severe infections during her acute
recovery and doctors told her family that she would not likely survive, but she did.
10 No defendant has questioned the severity and life-long nature of plaintiffs’ injuries. If
11 there is any question about the horrific nature of plaintiffs’ injuries, I can submit
12 current photographs of the plaintiffs either under seal or for an in camera review.
13 5. I searched the internet and located web pages and websites associated
14 with defendant AmeriGas Propane, L.P. and its parent and affiliated companies,
15 including co-defendants AmeriGas, Inc. and AmeriGas Propane, Inc. Attached hereto
16 as Exhibit 3 is a true and correct copy of such a webpage that I viewed and printed
17 as a PDF file on March 18, 2019. The webpage states in part: “We are the nation's
18 largest retail propane marketer, serving approximately 1.8 million customers in all
19 50 states from approximately 1,900 distribution locations. We conduct our business
20 principally through our subsidiary AmeriGas Propane, L.P.”
21 6 A true and correct copy of the operative complaint in this case, filed on
22 September 20, 2018, an “amended complaint for damages,” is attached hereto as
23 Exhibit 4. The complaint alleges that AmeriGas repeatedly violated Placer County's
24 propane safety ordinance. That ordinance mandated that residential propane
25 systems in high snowfall areas, such as the subject vacation house, meet certain
26 safety standards that are intended to prevent cracked pipes and dangerous propane
27 leaks. The ordinance also mandated that propane vendors, such as AmeriGas, inspect
28 residential propane systems on an annual basis to ensure that they meet the high
LAW OFFICES OF
WALKUP, MELODIA, KELLY 3
‘& SCHOENBERGER
APROFTSSIONAL CORPORATION.
650 CALIFORNIA STREET DECLARATION OF MATTHEW D. DAVIS IN SUPPORT OF PLAINTIFF BRICEIDA LOPEZ'S
SAN FRANCISCO,CA 94108 MOTION FOR AN AWARD OF DISCOVERY SANCTIONS - CASE NO. 18CIV01696
415) 981-7210
snowfall safety standards. The ordinance makes it illegal for a propane vendor to
supply propane to a home if that residence’s propane system does not meet the
ordinance’s high snowfall safety standards. The complaint alleges that the propane
system at the vacation house violated the ordinance’s safety standards, that
5 AmeriGas never inspected the house’s propane system, and that AmeriGas instead
repeatedly delivered propane to the house. The complaint alleges that AmeriGas’s
violations of the ordinance were a substantial factor in causing the cracked pipes, the
propane leak, the resulting fire and plaintiffs’ injuries, and that AmeriGas faces
negligence per se liability. Exhibit 4 at {J 13-15, 37-39.)
10 7 AmeriGas did not timely respond to either the special interrogatories or
11 the document requests that were served in this case. I notified Keith Gillette, counsel
12 for AmeriGas, that AmeriGas had failed to respond to the discovery. I sent a number
13 of emails to Mr. Gillette and had several conversations, during which I implored and
14 insisted that AmeriGas produce documents and respond to the discovery as soon as
15 possible. I emphasized that this was only the first wave of discovery, that plaintiffs
16 needed the responses and documents before it could send the next wave of discovery
17 and take depositions, and that the parties had a November 19, 2019 trial date. I
18 fairly and accurately recounted these communications in the meet-and-confer letter
19 that I sent to Mr. Gillette on March 7, 2019, a true and correct copy of which is
20 attached hereto as Exhibit 5.
21 8 Upon reviewing AmeriGas’s responses to the special interrogatories and
22 document requests, I immediately notified Mr. Gillette that I was extremely
23 disappointed in the responses. I followed that up with a detailed letter on March 7,
24 2019, which is Exhibit 5. Given the extreme delay in the responses, the serious
25 deficiencies, and the prejudice to plaintiffs with respect to preparing for a November
26 trial, my letter demanded that AmeriGas agree by March 12 to provide the amended
27 responses requested, and to produce the amended responses and documents by
28 March 18, 2019. AmeriGas’s counsel did not timely respond to the meet-and-confer
LAW OFFICES OF
WALKUP, MELODIA, KELLY 4
‘& SCHOENBERGER
_ATROFESSIOWAT CORPORA TOS
1550 CALIFORNIA STREET DECLARATION OF MATTHEW D. DAVIS IN SUPPORT OF PLAINTIFF BRICEIDA LOPEZ'S
SAN FRANCISCO,
1415) 981-7210CA 94108 MOTION FOR AN AWARD OF DISCOVERY SANCTIONS - CASE NO. 18CIV01696
letter. Instead, on March 18, AmeriGas’s counsel sent a one-paragraph email stating,
“We will provide our response [to the letter] within the next week.” A true and correct
copy of that email is attached hereto as Exhibit 6. As of the filing of this motion,
AmeriGas has neither provided supplemental responses nor produced additional
documents.
9 I intended the subject interrogatories and document requests to be the
“first wave” of discovery in this complex, major injury case. I plan to propound follow-
up discovery and take depositions based on AmeriGas’s responses and the
documents. I may also move to amend the complaint, depending on the evidence
10 discovered. AmeriGas’s delay in responding to the first wave of discovery, and its
11 failure to provide substantive responses and documents, has impeded my firm’s
12 ability to prepare for the November trial in this case.
13 10. I have spent more than 16 hours preparing this and the concurrently
14 filed motions. Assuming AmeriGas opposes any part of the motions, I estimate that I
15 will spent at least 10 hours reviewing the opposition, preparing a reply and
16 preparing for and attending the hearing.
17 11. Iam a 1989 graduate of the University of California, Hastings College of
18 the Law. I was admitted to the Bar that year. I have practiced law continuously since
19 then. I was employed by the San Francisco City Attorney’s Office from 1992 through
20 2001. My initial title in that office was Deputy City Attorney. I had been promoted to
21 Assistant Chief Deputy by the time I resigned from that office. I started working at
22 Walkup, Melodia, Kelly & Schoenberger in 2001 as an associate. I was elevated to
23 partner in 2006. Our firm only represents plaintiffs and the fee in the vast majority
24 of my cases are contingency fees. On occasion, however, the courts have awarded fees
25 for the work I have performed on a case. As an example, in 2017, the Santa Clara
26 Superior Court awarded me $595,270 for the work I did in a civil rights case,
27 Kerkeles v. City of San Jose, 108-CV-103523, and determined that my reasonable
28 hourly rate was $650. A true and correct copy of that order is attached hereto as
LAW OFFICES OF x
MELopis Kenty 5
HesIO
STREET DECLARATION OF MATTHEW D. DAVIS IN SUPPORT OF PLAINTIFF BRICEIDA LOPEZ'S
#FLOOR
s vatoia CO,al-72CA 94108 MOTION FOR AN AWARD OF DISCOVERY SANCTIONS - CASE NO. 18CIV01696
1 || Exhibit 7. I am requesting an hourly rate of $500 with respect to the sanctions
2 ||requested in this case.
3 I declare under penalty of perjury under the laws of the State of California
4 || that the foregoing is true and correct.
KR
0 Executed on this 25th day of March, 2019, at San Francisco, California.
6
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MattHéw D. Davis
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LAW OFFICESOF
WALKUP, MELODIA, KELLY 6
‘& SCHOENBERGER
AIROITSSONA CORPORATION
650 CALIFORNIA STREET DECLARATION OF MATTHEW D. DAVIS IN SUPPORT OF PLAINTIFF BRICEIDA LOPEZ'S
SAN FRANGIS
(415) 981 MOTION FOR AN AWARD OF DISCOVERY SANCTIONS - CASE NO. 18CIV01696
EXHIBIT 1
03-22-18 10:14 FROM- T-948 P0015/0015 F-238
GEO CODE PLACER COUNTY SHERIFF’S DEPARTMENT REPORT NUMBER
ov
STATUS REPORT
18 - B00¥
AUTHORITY - (LIST FIRST OFFENSE ONLY IF MORE THAN ONE) fe M COMPLAINANT/VICTIM (LIST FIRST VICTIM)
DAA: Fol ERGY Coke oS
DATE alias
SUSPECT: ADULT JUVENILE
Nis
—_— a cme nen of
C.C.F.S. “ARREST / EXCEPTIONAL
REMARKS FURS POON Ac ket
RECORDS, PLEASE SEND A COPY OF: A CLOSED
O COMPLETE REPORT
O UNFOUNDED
0 INSUFFICIENT EVIDENCE
O ATTACHED SUPPLEMENT OC UNSUBSTANTIATED
O] DISTRICT ATTORNEY
TO: C1 PROBATION
0 NO PROSECUTION DESIRED
0) DISTRICT ATTORNEY
O PROBATION DEPARTMENT
O OTHER Cl AGENCY ASSIST
LIST AGENCY
Add_Informtion ata “Other” Agency here.
ATPORWARD TO OTHER AGENCY
CAL FiRe&
LST AGENCY
CU RAMEY WARRANT
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O GREEN RAMEY SHEET
COMPLI
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03-22-18 10:10 FROM- T-948 P0005/0015 F-238
PLACER COUNTY SHERIFF / CORONER | MARSHAL’S OFFICE
ADDITIONAL INDEXING
VALUE LOSS: NUMBER
iSO 16- 3004
GE0 C006 NECTED REPORT
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CRWE TIRE ABSOCIATION CELL PHONE RESIDENCE PHONE BueINESR PHONE,
a Ciscoe CrteGw och Oe Ci is On Goll ‘OL NUMBER
OCCUPATION ‘ARRESTED? TMRANDA WAIVED ?
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NUMGER)
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MAR 2.1 2018
enrerep: NO
AUDITED: _.... ——
03-22-7118 10:12 FROM- T-948 PO010/0015 F-238
PLACER COL Y SHERIFF / CORONER / MAI {AL'S Urrive
NARRATIVE REPORT
GEO CODE [ ] ORIGINAL [X) SUPPLEMENTARY REPORT NUMBER
Squaw Valley $018-3004
CRIME victim
AAA-CAL ARE SOLIS/ LOPEZ
03-17-18
2100 hours
| received a call from Sgt Hunt advising that Squaw Valley Fire was investigating a
residential fire in Squaw Valley which involved one male and one female victim
Sgt'Hunt stated both were transported to Renown Hospital in Reno, NV, the female
taken by CareFlight.
| responded to Renown Hospital and contacted the staff in regards to the victims of the
fire.
| was advised that (V1) Jose Solis was in blue room 17 and (V2) Bricedia Lopez was in
red room 16
| was taken to Bricedia’s room first and spoke to her critical care nurse. The nurse
confirmed Bricedia was the femate involve in the residential fire in Squaw Valley and stated
she had been transported by CareFlight to Renown
| was told Bricedia was heavily sedated due to severe burns on approximately 70% of
her body,
| observed Bricedia lying supine on a hospital bed with breathing fubes in her mouth
and nose. Bricedia was completely covered in blankets from her neck to her feet, with only
her head being exposed
Bricedia’s face was swollen with blisters, blackened skin and several areas of missing
skin due to burns. Bricedia's eyebrows were singed almost completely off along with her hair
line being burnt as well.
Reported By: Detective Frykberg #63
Date: 03/20/18 Page 1 Approved By
vai
03-22-18 10:13 FROM- T-948 _P0011/0015 F-238
| |
PLACER COL..!Y SHERIFF
/ CORONER / MA 4AL'S OFFICE
NARRATIVE REPORT
GEO CODE [ ] ORIGINAL [X] SUPPLEMENTARY REPORT NUMBER
Squaw Valley $018-3004
CRIME ‘VICTIM
AAA-CAL FARE. SOLIS/ LOPEZ
The nurse requested the Spanish translator present at the time of intake to return to the
room to assist me with any questions.
The translator, Jackie, stated Bricedia was somewhat coherent when she arrived and
was telling Jackie what happened.
Bricedia said she was cleaning a house with her husband when she smelled something
funny coming from the dryer. She asked her husband to come look at it and when he opened
the dryer it exploded
Not much information was obtained due to her treatment.
I then responded to Jose’ 's room and through a virtual translator he told me the
following:
Jose stated he and his wife, Bricedia, were cleaning a house in Squaw Valley.
Jose did not know the address but said they were doing it for a friend because she was
out of town
He recalled getting to the house and that Bricedia was downstairs doing laundry.
He said she called him down because she smelled something funny and wanted him to
look at it.
Jose went down stairs and he also could smell something funny coming from the
washer and dryer area. Jose said he bent down fo look inside the dryer and when he
opened it flames shot out.
Reported By:
Date: 03/20/18
Detective Frykberg #63
Page 2 Approved By; gts «
b
03-22~"18 10:13 FROM- T-948 P0012/0015 F-238
| |
PLACER CO! TY SHERIFF / CORONER / MA..—~HAL'S OFFICE
NARRATIVE REPORT
GEO CODE [ ] ORIGINAL [X] SUPPLEMENTARY REPORT NUMBER
Squaw Valley $018-3004
| ® |
CRIME vicTIM.
AAA-CAL FIRE. SOLIS! LOPEZ
. dose said he told his wife they needed to get out of the house and remember
running outside as fast as they could. Jose said he jumped into the snow fo stop the
buming and was throwing snow on Bricedia to stop her from burning.
| relayed this information to Detective Lasagna, via cell phone, who was on scene of
the fire. Detective Lasagna asked to speak to Jose, via speaker phone, with some additional
questions. See his report for further.
| observed Jose with bandaging on both of his hands, arms, his lower torso and both of
his sides. Jose's entire head, and nose were.covered in bandages with only his eyes and
mouth showing. Jose's eyes were swollen shut and his mustache and eyebrows were
severely singed.
| watched as his nurse applied moré bandages to his back and observed blisters,
peeling and blackened skin on most of his back. | also observed his right upper leg to be
bandaged with the rest of his lower extremities covered with blankets.
As | was concluding my interview, CareFlight arrived and | was told both Jose and
Bricedia were being transported to UC Dave Burn Center for specialized treatment of their
injuries.
| spoke briefly to the social worker who stated she was able to contact Bricedia’s sister,
Silvia, who lives in Truckee. She provided me with a contact number for Silvia 775-223-6391
and said her address was 10100 Estates Dr #M10, Truckee, CA.
| was advised Truckee Police Department had contacted Silvia and she was on her way
to UC Davis with a family friend and Bricedia’s son.
Reported By: Detective Frykberg #63
Date: 03/20/18 Page 3 Approved By: GS
Vi
0
03-22-18 10:14 FROM- T-948 P0013/0015 F-238
PLACER CO! TY SHERIFF / CORONER / MA..WHAL'S UFFIGE
NARRATIVE REPORT
GEO CODE [ ] ORIGINAL [X] SUPPLEMENTARY REPORT NUMBER
Squaw Valley $018-3004
CRIME VICTIM
AAA-CAL FIRE. SOLIS/ LOPEZ
| attempted to get a physical address for Jose and Bricedia’s address but was told they
just moved to Truckee and it was only known they lived in Sierra Village
| received a phone call from Bricedia’s sister-in-law, Sandra, who was very concerned
about the condition of Bricedia and Jose. She stated she was unable to get ahold of anyone
concerning the two but was told by hospital staff she could call me with questions.
I told Sandra what had occurred and stated they were being transferred to UC Davis for
further treatment.
| was aware of a silver Jeep Cherokee parked at the scene who we assumed belonged
to the couple and asked Sandra to confirm who it belonged to. Sandra stated it was Jose’s
Jeep and that they owned a couple other vehiclés too but not one of them were witnessed at
scene.
Photos and interviews with Jose booked into evidence. See attached property record
Nothing Further.
Reported By:
Date: 03/2018
Detective Frykberg #63
Page 4 Approved By: 6
03-22-18 10:14 FROM- 1-948 P0014/0015 F-238
PLACER COUNTY SHERIFFS OF FICE orno, 2018-0003004
PROPERTY RECORD Labi
TAG NO
Page
1 of 1
TRVOLVMERT — | NARE INVOLVEMENT [NAME
LOPEZ, BRICEDIA. B26530
9 1986
‘ADORESS
vm ADDRESS
TNVOLVAIENT WARE INVOLVEMENT [Hae
VIC-2 SOLIS, JOSE,
608 ‘ADDRESS aoe FOREST
IWVOLWMENT NAME INVOLVEMENT NAME -
308 ‘ADDRESS 008 ADDRESS
CHARGE ‘CHARGE DESCRIPTION 0 In Custody
ALLIED AGENCY ASSIST.
‘DATE AND TIME PROPERTY BOOKED ADDRESSILOGATION WHERE PROPERTY FOUND OFFICER BOOKING PROFERTY
03 20 2018 11:17 2501 NORTH LAKE BLVD FRYKBERG, STEPHANIE/ 1202
Wen "BAR CODES [QUANTITY | COLOR ARTICLE eRaNO MOOEL TYPE TINY.
SLFO1 |E2978-18 1 DISC
DESCRIPTION ‘GERIALE PROPERTY TYPE
cd-rom containing photos of burn victims and interview with Jose. Evidence
+
03-22-7118 10:11 FROM- T-948 P0006/0015 F-238
GEO.CODE PLACER COUNTY SHERIFF'S DEPARTMENT Report NuMBER
OV 18-3004
CONNECTED REPORTS
( JORIGINAL REPORT [X] SUPPLEMENTARY
GRIME TYPE: VICTIM:
AAA Squaw Valley Fire Lopez/Solis
3/17/18 2100hrs
| received a call from Det. Sgt. Hunt, asking if | would respond to the residence at 1509
Christy Ln. in Squaw Valley to investigate a possible suspicious fire at the residence. |
learned that two house cleaners had been in the aforementioned residence when an
explosion occurred inside while they were doing laundry.
The two escaped the residence but had substantial burns covering their bodies. They
were transported to Reno's Renown Hospital. Det. Frykberg was in route to the
hospital to try and get a better statement from the two individuals.
| arrived on scene and was briefed by Fire Chief Investigator Craig Harvey with
Truckee Fire and Fire Chief Allen Riley with Squaw Valley Fire. They told me that they
had gotten information from a neighbor, witness, to the east of the residence. The
neighbor had smelled gas prior to the explosion and fire.
The witness said renters at 1509 had left the residence hours earlier and. that house
cleaners had come to clean the house when the explosion occurred. The witness was
watching fireworks with his family from inside their rental home next door. The
fireworks were going off from across the valley at the Resort at Squaw Creek. They
heard and explosion that was not from the fireworks that sounded like it came from
west of them. They looked outside and saw flames shooting up from the house next
door.
At this point in the investigation | found the residence was still on fire and too
hazardous to enter. The plan with fire personnel was to let the fire burn out to limit the
possible fall hazards of the two story structure. The investigation would begin at first
light in the morning when the fire was out. The investigation could better be done
during daylight hours
Reporting Officer: J.Lasagna #31 bp
Date: 3/19/18 Approved By:
ga
03-22-7118 10:11 FROM- T-948 P0007/0015 F-238
GEO.CODE PLACER COUNTY SHERIFF'S DEPARTMENT report numBer
OV 18-300¢
CONNECTED REPORTS:
[ JORIGINAL REPORT [ X] SUPPLEMENTARY
CRIME TYPE: VICTIM:
AAA Squaw Valley Fire Lopez/Solis
A preliminary look at the residence that evening indicated that an explosion occurred
in the southwest corner of the residence. Entire window frames were blown out on the
southwest corner and some were lying 15 yards from the structure in the snow
Possible ignition points were found at the washer dryer and gas water heater / burner
for Jacuzzi in that end of the residence.
Det. Frykberg called me from the hospital where she was with the male house cleaner
Jose Alonzo Solis. Chief Harvey and | spoke to Frykberg and a Spanish translator who
was with Jose via speaker phone. We asked Jose questions. We learned that Jose
and Bricedia Lopez had arrived to clean 1509 Christy Ln sometime after 1700hrs.
They were doing laundry and both went downstairs to a small area in the residence
where the washer and dryer were located.
They could smell a strange smell at the dryer. Jose opened the dryer door to look
inside of it and see if he could figure out where the smell was coming from. At that
point the explosion occurred and flames filled the small room. Both Jose and Bricedia
ran up the stairs from the room with their clothing on fire. They ran outside and rolled in
the snow to put ouf the flames. They were then transported to the hospital
Bricedia was sedated and too injured to speak with Frykberg
Both Harvey and | believed the fire/explosion to be propane related due to the witness
and victim's statements. The area of the explosion was in the lowest point of the
residence where propane might settle. All of the homes in the area are on propane gas
systems. We adjourned for the evening and would meet back up at 0630hrs in the
morning to begin further investigations
0630hrs, 3/18/18
Chief Harvey had already found the propane tank under a snow load before | arrived
He told me that they had found no damage at the tank or regulator. We then began to
fy},
Reporting er #31
Date: 3/1 Approved By:
BG 1
03-22-"18 10:11 FROM- T-948 0008/0015 F-238
@EO.CODE PLACER COUNTY SHERIFF'S DEPARTMENT report NUMBER
Ov: 18-3004
CONNECTED REPORTS:
{ JORIGINAL REPORT [X] SUPPLEMENTARY
CRIME TYPE: VICTIM:
AAA Squaw Valley Fire Lopez/Solis
investigate where the gas line came up from the ground on the south side of the
house. We could tell that additional gas lines had run up from the ground and had
probably been affixed to the outside exterior of the structure with pipe clamps. These
lines were found on the ground at base of the foundation. The lines ran west toward
the southwest corner of the residence. There was a metal snow shed box at a
regulator. Evidence on the remaining southwest wail still standing indicated that the -
lines were affixed to the wall with pipe clamps a screws.
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he
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Pipe Clamp Hanger Met: ‘al Snow Shed Cover/Attachment Point on Wall
We uncovered debris from the lines and found what appeared to be a pre fire break in
the gas line where it went down to a gas valve located on the south wall. This break
appeared pre fire due to the fact that the pipe fitting was filled with soot and ash. The
metal was charred and had no clean metal break that may have indicated a post fire
break.
Reporting Officer: J.Lasagna #31
Date: 3/19/18 Approved
B B6
03-22-7118 10:12 FROM- T-948 P0008/0015 F-238
GEO.CODE PLACER COUNTY SHERIFF'S DEPARTMENT — rerorT NuMBER
ov 18-3004
* CONNECTED REPORTS
[ JORIGINAL REPORT [ X] SUPPLEMENTARY
GRIME TYPE: VICTIM:
AAA Squaw Valley Fire Lopez/Solis
PY
en
| could find no indications of foul-play or suspicious circumstances in relation to the
cause of the fire. It is believed that the heavy snows that had accumulated over the
past week had recently shed from the metal roof on the south side of the residence,
sheering the metal propane gas line. The gas had pooled in the lower southwest
corner area of the residence and the house cleaners caused an ignition source when
doing laundry which set off the explosion.
Preview
LAW OFFICES OF WALKUP, MELODIA, KELLY & SCHOENBERGER A PROFESSIONAL CORPORATION 2 ED 650 CALIFORNIA STREET, 26" FLOOR SAN FRANCISCO, CALIFORNIA 94108-2615, SAN MATEO COUNTY T: (415) 981-7210 - F: (415) 391-6965 MAR 2 6 20 MATTHEW D. DAVIS (State Bar #141986) mdavis@walkuplawoffice.com Le SPENCER J. PAHLKE (State Bar #250914) spahlke@walkuplawoffice.com ATTORNEYS FOR PLAINTIFFS BRICEIDA LOPEZ AND JOSE SOLIS SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 11 BRICEIDA LOPEZ, an individual, JOSE Case No. 18CIV01696 SOLIS, an individual 12 DECLARATION OF MATTHEW D. Plaintiffs DAVIS IN SUPPORT OF PLAINTIFF 13 BRICEIDA LOPEZ’S MOTION FOR Vv AN AWARD OF $13,000 IN 14 DISCOVERY SANCTIONS AGAINST PAUL BONIFACIO, an individual. DEFENDANT AMERIGAS 15 MARGARET HYUN, an individual PROPANE, L.P. AMERIGAS PROPANE, L.P., a business 16 entity, AMERIGAS PROPANE, INC, a Date 5/3/14 corporation, AMERIGAS, INC., a Time 9:00 a.m. 17 corporation, and DOES ONE through Dept Law & Motion ONE-HUNDRED, inclusive 18 Filed Concurrently with NOTICE OF Defendants MOTION AND MOTION; MP&A ISO 19 MOTION; PROPOSED ORDER; AND 18 CIV 01696 PROOF OF SERVICE Ds 20 Declaration in Support Action Filed: April 6, 2018 21 22 | lth | | IM Trial Date: November 18. 2019 23 I, Matthew D. Davis, declare as follows 24 1 Iam an attorney duly admitted to practice before this Court and all 25 courts in the State of California. I am a partner with Walkup, Melodia, Kelly & 26 Schoenberger, attorneys of record for plaintiffs Briceida Lopez and Jose Solis. Except 27 as to matters stated on information and belief, I have personal knowledge of the facts 28 set forth herein, and if called as a witness, I could and would competently testify AW OFFICESOF P, MELODIA, Ly 1 aN sister DECLARATION OF MATTHEW D. DAVIS IN SUPPORT OF PLAINTIFF BRICEIDA LOPEZ'S sawenaNe 6 cs 94108 MOTION FOR AN AWARD OF DISCOVERY SANCTIONS - CASE NO. 18CIV01696 thereto. As to matters states on information and belief, I have good faith, fact-based reasons for believing them to be true. I make this declaration in support of plaintiff Briceida Lopez’s Motions To Compel And For Sanctions Against Defendant AmeriGas Propane L.P. 2 lam the lead attorney on this matter. In the course of our firm’s investigation and during this litigation, I have reviewed numerous documents, including the reports of the investigation of the fire that gives rise to this lawsuit and that were prepared by the Placer County Sheriffs Department, the North Tahoe Fire Protection District, and the Squaw Valley Fire Department. Those voluminous 10 documents state that the fire that gives rise to this lawsuit happened at a vacation 11 home located at 1509 Christy Lane in Squaw Valley, Placer County, California. The 12 documents state that the fire occurred during a period of heavy snow and started at 13 about 7:09 p.m. on March 17, 2018. The investigators concluded that the fire was 14 caused when leaked propane gas ignited as plaintiffs were cleaning the home. None 15 of the defendants have disputed these basic facts. Fire investigators also concluded 16 that the propane leaked from cracks in pipes in the propane delivery system just 17 outside the south wall of the house. Attached hereto as Exhibit 1 is a true and 18 correct copy of one such report, prepared by members of the Sheriffs Department, 19 that reached that conclusion. 20 3 Defendant AmeriGas Propane, L.P. (hereafter, “AmeriGas”) has 21 admitted that it supplied propane to the Christy Lane house before the fire, including 22 a delivery on January 12, 2018. Attached hereto as Exhibit 2 is a true and correct. 23 copy of AmeriGas’s responses to plaintiff Briceida Lopez’s first set of special 24 interrogatories, and it makes these admissions in response to interrogatories nos. 1 25 and 2. 26 4 T have reviewed thousands of pages of medical records for my clients 27 Briceida Lopez and Jose Solis. I have also met with them in person on at least four 28 occasions. I have also had a professional photographer take photographs of their burn LAW OFFICES OF WALKUP, MELODIA, KELLY 2 & SCHOENBERGER ONAL CORPORATION FORNIA, STREET DECLARATION OF MATTHEW D. DAVIS IN SUPPORT OF PLAINTIFF BRICEIDA LOPEZ’S DerFL ‘Ok FRANCISCO, (415) 981-7210CA 94108 MOTION FOR AN AWARD OF DISCOVERY SANCTIONS - CASE NO. 18CIV01696 injuries. Those photographs and the medical records have all been produced to the defendants, including AmeriGas Propane, L.P. I have also consulted with medical experts who have evaluated my clients’ injuries. Based on all of this, I am informed and believe that Ms. Lopez suffered “full thickness” third degree burns to 70% of the skin on her body, including her entire face, and that Mr. Solis suffered third degree burns to about 25% of the skin on his body. Both plaintiffs underwent numerous surgeries and medical procedures, including extensive skin graft procedures and both have disfiguring scars. Ms. Lopez developed severe infections during her acute recovery and doctors told her family that she would not likely survive, but she did. 10 No defendant has questioned the severity and life-long nature of plaintiffs’ injuries. If 11 there is any question about the horrific nature of plaintiffs’ injuries, I can submit 12 current photographs of the plaintiffs either under seal or for an in camera review. 13 5. I searched the internet and located web pages and websites associated 14 with defendant AmeriGas Propane, L.P. and its parent and affiliated companies, 15 including co-defendants AmeriGas, Inc. and AmeriGas Propane, Inc. Attached hereto 16 as Exhibit 3 is a true and correct copy of such a webpage that I viewed and printed 17 as a PDF file on March 18, 2019. The webpage states in part: “We are the nation's 18 largest retail propane marketer, serving approximately 1.8 million customers in all 19 50 states from approximately 1,900 distribution locations. We conduct our business 20 principally through our subsidiary AmeriGas Propane, L.P.” 21 6 A true and correct copy of the operative complaint in this case, filed on 22 September 20, 2018, an “amended complaint for damages,” is attached hereto as 23 Exhibit 4. The complaint alleges that AmeriGas repeatedly violated Placer County's 24 propane safety ordinance. That ordinance mandated that residential propane 25 systems in high snowfall areas, such as the subject vacation house, meet certain 26 safety standards that are intended to prevent cracked pipes and dangerous propane 27 leaks. The ordinance also mandated that propane vendors, such as AmeriGas, inspect 28 residential propane systems on an annual basis to ensure that they meet the high LAW OFFICES OF WALKUP, MELODIA, KELLY 3 ‘& SCHOENBERGER APROFTSSIONAL CORPORATION. 650 CALIFORNIA STREET DECLARATION OF MATTHEW D. DAVIS IN SUPPORT OF PLAINTIFF BRICEIDA LOPEZ'S SAN FRANCISCO,CA 94108 MOTION FOR AN AWARD OF DISCOVERY SANCTIONS - CASE NO. 18CIV01696 415) 981-7210 snowfall safety standards. The ordinance makes it illegal for a propane vendor to supply propane to a home if that residence’s propane system does not meet the ordinance’s high snowfall safety standards. The complaint alleges that the propane system at the vacation house violated the ordinance’s safety standards, that 5 AmeriGas never inspected the house’s propane system, and that AmeriGas instead repeatedly delivered propane to the house. The complaint alleges that AmeriGas’s violations of the ordinance were a substantial factor in causing the cracked pipes, the propane leak, the resulting fire and plaintiffs’ injuries, and that AmeriGas faces negligence per se liability. Exhibit 4 at {J 13-15, 37-39.) 10 7 AmeriGas did not timely respond to either the special interrogatories or 11 the document requests that were served in this case. I notified Keith Gillette, counsel 12 for AmeriGas, that AmeriGas had failed to respond to the discovery. I sent a number 13 of emails to Mr. Gillette and had several conversations, during which I implored and 14 insisted that AmeriGas produce documents and respond to the discovery as soon as 15 possible. I emphasized that this was only the first wave of discovery, that plaintiffs 16 needed the responses and documents before it could send the next wave of discovery 17 and take depositions, and that the parties had a November 19, 2019 trial date. I 18 fairly and accurately recounted these communications in the meet-and-confer letter 19 that I sent to Mr. Gillette on March 7, 2019, a true and correct copy of which is 20 attached hereto as Exhibit 5. 21 8 Upon reviewing AmeriGas’s responses to the special interrogatories and 22 document requests, I immediately notified Mr. Gillette that I was extremely 23 disappointed in the responses. I followed that up with a detailed letter on March 7, 24 2019, which is Exhibit 5. Given the extreme delay in the responses, the serious 25 deficiencies, and the prejudice to plaintiffs with respect to preparing for a November 26 trial, my letter demanded that AmeriGas agree by March 12 to provide the amended 27 responses requested, and to produce the amended responses and documents by 28 March 18, 2019. AmeriGas’s counsel did not timely respond to the meet-and-confer LAW OFFICES OF WALKUP, MELODIA, KELLY 4 ‘& SCHOENBERGER _ATROFESSIOWAT CORPORA TOS 1550 CALIFORNIA STREET DECLARATION OF MATTHEW D. DAVIS IN SUPPORT OF PLAINTIFF BRICEIDA LOPEZ'S SAN FRANCISCO, 1415) 981-7210CA 94108 MOTION FOR AN AWARD OF DISCOVERY SANCTIONS - CASE NO. 18CIV01696 letter. Instead, on March 18, AmeriGas’s counsel sent a one-paragraph email stating, “We will provide our response [to the letter] within the next week.” A true and correct copy of that email is attached hereto as Exhibit 6. As of the filing of this motion, AmeriGas has neither provided supplemental responses nor produced additional documents. 9 I intended the subject interrogatories and document requests to be the “first wave” of discovery in this complex, major injury case. I plan to propound follow- up discovery and take depositions based on AmeriGas’s responses and the documents. I may also move to amend the complaint, depending on the evidence 10 discovered. AmeriGas’s delay in responding to the first wave of discovery, and its 11 failure to provide substantive responses and documents, has impeded my firm’s 12 ability to prepare for the November trial in this case. 13 10. I have spent more than 16 hours preparing this and the concurrently 14 filed motions. Assuming AmeriGas opposes any part of the motions, I estimate that I 15 will spent at least 10 hours reviewing the opposition, preparing a reply and 16 preparing for and attending the hearing. 17 11. Iam a 1989 graduate of the University of California, Hastings College of 18 the Law. I was admitted to the Bar that year. I have practiced law continuously since 19 then. I was employed by the San Francisco City Attorney’s Office from 1992 through 20 2001. My initial title in that office was Deputy City Attorney. I had been promoted to 21 Assistant Chief Deputy by the time I resigned from that office. I started working at 22 Walkup, Melodia, Kelly & Schoenberger in 2001 as an associate. I was elevated to 23 partner in 2006. Our firm only represents plaintiffs and the fee in the vast majority 24 of my cases are contingency fees. On occasion, however, the courts have awarded fees 25 for the work I have performed on a case. As an example, in 2017, the Santa Clara 26 Superior Court awarded me $595,270 for the work I did in a civil rights case, 27 Kerkeles v. City of San Jose, 108-CV-103523, and determined that my reasonable 28 hourly rate was $650. A true and correct copy of that order is attached hereto as LAW OFFICES OF x MELopis Kenty 5 HesIO STREET DECLARATION OF MATTHEW D. DAVIS IN SUPPORT OF PLAINTIFF BRICEIDA LOPEZ'S #FLOOR s vatoia CO,al-72CA 94108 MOTION FOR AN AWARD OF DISCOVERY SANCTIONS - CASE NO. 18CIV01696 1 || Exhibit 7. I am requesting an hourly rate of $500 with respect to the sanctions 2 ||requested in this case. 3 I declare under penalty of perjury under the laws of the State of California 4 || that the foregoing is true and correct. KR 0 Executed on this 25th day of March, 2019, at San Francisco, California. 6 —7A_» MattHéw D. Davis 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICESOF WALKUP, MELODIA, KELLY 6 ‘& SCHOENBERGER AIROITSSONA CORPORATION 650 CALIFORNIA STREET DECLARATION OF MATTHEW D. DAVIS IN SUPPORT OF PLAINTIFF BRICEIDA LOPEZ'S SAN FRANGIS (415) 981 MOTION FOR AN AWARD OF DISCOVERY SANCTIONS - CASE NO. 18CIV01696 EXHIBIT 1 03-22-18 10:14 FROM- T-948 P0015/0015 F-238 GEO CODE PLACER COUNTY SHERIFF’S DEPARTMENT REPORT NUMBER ov STATUS REPORT 18 - B00¥ AUTHORITY - (LIST FIRST OFFENSE ONLY IF MORE THAN ONE) fe M COMPLAINANT/VICTIM (LIST FIRST VICTIM) DAA: Fol ERGY Coke oS DATE alias SUSPECT: ADULT JUVENILE Nis —_— a cme nen of C.C.F.S. “ARREST / EXCEPTIONAL REMARKS FURS POON Ac ket RECORDS, PLEASE SEND A COPY OF: A CLOSED O COMPLETE REPORT O UNFOUNDED 0 INSUFFICIENT EVIDENCE O ATTACHED SUPPLEMENT OC UNSUBSTANTIATED O] DISTRICT ATTORNEY TO: C1 PROBATION 0 NO PROSECUTION DESIRED 0) DISTRICT ATTORNEY O PROBATION DEPARTMENT O OTHER Cl AGENCY ASSIST LIST AGENCY Add_Informtion ata “Other” Agency here. ATPORWARD TO OTHER AGENCY CAL FiRe& LST AGENCY CU RAMEY WARRANT ne O GREEN RAMEY SHEET COMPLI eS CA Mant OEE! P2 ZB v7 Bly 03-22-18 10:10 FROM- T-948 P0005/0015 F-238 PLACER COUNTY SHERIFF / CORONER | MARSHAL’S OFFICE ADDITIONAL INDEXING VALUE LOSS: NUMBER iSO 16- 3004 GE0 C006 NECTED REPORT ic Vail ce j ofeceeecn * CAME RTE a ore TL incident Squaw Velley Fire N beef canteens Bieri” RESIDENCE RACE ex | wr | wer | nw | even. DATHOAY, AGE Unknown address H F_ | $02} 140] Bro} 8ro 4/29/1986__| 32 CRWE TIRE ABSOCIATION CELL PHONE RESIDENCE PHONE BueINESR PHONE, a Ciscoe CrteGw och Oe Ci is On Goll ‘OL NUMBER OCCUPATION ‘ARRESTED? TMRANDA WAIVED ? Maid Service House Cleaner “VEMIGLE (YEAR, MAKG; MODEL COLOR.LICENSE NUMGER) EMAL (ADDITIONAL WFO /P,0.BOX rT Lent Fe abd race | sex | wr. | we | ran | eves GRIMOAY SRE TMLE ASSOCIATION CLL PHONE KESDENCE PHONE ‘BUSHES PHONE, [Ga bletichistle GrUsOs CnC) Ce Ce Ce Cw Coll ‘ox MBER ‘BUSINESS ‘OCGUFATION ‘RAGSTEO? ‘WIRANDA Waiven ? VEVICLE (EAR MAKE MODE, COLOR UCENSE HUMBER) EMAILIADDITIONAL INFO /P.0. BOK I ] Last Paes I ‘GRTHOAY aesioence ax |r. we | war] eves ot CAME TITLE ASSOCIATION Cet PHONE RESIDENCE SHON OuSiNESS PHONE, Cla telicOote CeCistin Cnt Ce Ct Cin Cia Cole ‘BU MUWOER ‘QUSINESS OCCUPATION ‘ARESTEO? WiRANDA WiNVED ‘VEHICLE (YEAR, MAKE MODEL. COLOR LICENSE NUMBER) I ‘ERI, INDONTEONNL INFO 1.0. GOK l I eit Pie were I RESIDENCE RACE ex | wv. | wr. ] an | eves: ‘AGE CRIME TITLE AszoowT - SEU. PHONE BSINESE PHONE [OxCeCeDee FOO Chth Oe Oe Cin cw Clocir DL NUMBER ‘WuGNESS. ‘OCCUPATION ARRESTED? Tiana ae? ‘VERICLE (VEAR. MAKE, MODEL, COLOR UICENGE NUMBRR) [ noe ‘EMAIL IADOITIONAL INFO 1.0. BOK I veer MAR 2.1 2018 enrerep: NO AUDITED: _.... —— 03-22-7118 10:12 FROM- T-948 PO010/0015 F-238 PLACER COL Y SHERIFF / CORONER / MAI {AL'S Urrive NARRATIVE REPORT GEO CODE [ ] ORIGINAL [X) SUPPLEMENTARY REPORT NUMBER Squaw Valley $018-3004 CRIME victim AAA-CAL ARE SOLIS/ LOPEZ 03-17-18 2100 hours | received a call from Sgt Hunt advising that Squaw Valley Fire was investigating a residential fire in Squaw Valley which involved one male and one female victim Sgt'Hunt stated both were transported to Renown Hospital in Reno, NV, the female taken by CareFlight. | responded to Renown Hospital and contacted the staff in regards to the victims of the fire. | was advised that (V1) Jose Solis was in blue room 17 and (V2) Bricedia Lopez was in red room 16 | was taken to Bricedia’s room first and spoke to her critical care nurse. The nurse confirmed Bricedia was the femate involve in the residential fire in Squaw Valley and stated she had been transported by CareFlight to Renown | was told Bricedia was heavily sedated due to severe burns on approximately 70% of her body, | observed Bricedia lying supine on a hospital bed with breathing fubes in her mouth and nose. Bricedia was completely covered in blankets from her neck to her feet, with only her head being exposed Bricedia’s face was swollen with blisters, blackened skin and several areas of missing skin due to burns. Bricedia's eyebrows were singed almost completely off along with her hair line being burnt as well. Reported By: Detective Frykberg #63 Date: 03/20/18 Page 1 Approved By vai 03-22-18 10:13 FROM- T-948 _P0011/0015 F-238 | | PLACER COL..!Y SHERIFF / CORONER / MA 4AL'S OFFICE NARRATIVE REPORT GEO CODE [ ] ORIGINAL [X] SUPPLEMENTARY REPORT NUMBER Squaw Valley $018-3004 CRIME ‘VICTIM AAA-CAL FARE. SOLIS/ LOPEZ The nurse requested the Spanish translator present at the time of intake to return to the room to assist me with any questions. The translator, Jackie, stated Bricedia was somewhat coherent when she arrived and was telling Jackie what happened. Bricedia said she was cleaning a house with her husband when she smelled something funny coming from the dryer. She asked her husband to come look at it and when he opened the dryer it exploded Not much information was obtained due to her treatment. I then responded to Jose’ 's room and through a virtual translator he told me the following: Jose stated he and his wife, Bricedia, were cleaning a house in Squaw Valley. Jose did not know the address but said they were doing it for a friend because she was out of town He recalled getting to the house and that Bricedia was downstairs doing laundry. He said she called him down because she smelled something funny and wanted him to look at it. Jose went down stairs and he also could smell something funny coming from the washer and dryer area. Jose said he bent down fo look inside the dryer and when he opened it flames shot out. Reported By: Date: 03/20/18 Detective Frykberg #63 Page 2 Approved By; gts « b 03-22~"18 10:13 FROM- T-948 P0012/0015 F-238 | | PLACER CO! TY SHERIFF / CORONER / MA..—~HAL'S OFFICE NARRATIVE REPORT GEO CODE [ ] ORIGINAL [X] SUPPLEMENTARY REPORT NUMBER Squaw Valley $018-3004 | ® | CRIME vicTIM. AAA-CAL FIRE. SOLIS! LOPEZ . dose said he told his wife they needed to get out of the house and remember running outside as fast as they could. Jose said he jumped into the snow fo stop the buming and was throwing snow on Bricedia to stop her from burning. | relayed this information to Detective Lasagna, via cell phone, who was on scene of the fire. Detective Lasagna asked to speak to Jose, via speaker phone, with some additional questions. See his report for further. | observed Jose with bandaging on both of his hands, arms, his lower torso and both of his sides. Jose's entire head, and nose were.covered in bandages with only his eyes and mouth showing. Jose's eyes were swollen shut and his mustache and eyebrows were severely singed. | watched as his nurse applied moré bandages to his back and observed blisters, peeling and blackened skin on most of his back. | also observed his right upper leg to be bandaged with the rest of his lower extremities covered with blankets. As | was concluding my interview, CareFlight arrived and | was told both Jose and Bricedia were being transported to UC Dave Burn Center for specialized treatment of their injuries. | spoke briefly to the social worker who stated she was able to contact Bricedia’s sister, Silvia, who lives in Truckee. She provided me with a contact number for Silvia 775-223-6391 and said her address was 10100 Estates Dr #M10, Truckee, CA. | was advised Truckee Police Department had contacted Silvia and she was on her way to UC Davis with a family friend and Bricedia’s son. Reported By: Detective Frykberg #63 Date: 03/20/18 Page 3 Approved By: GS Vi 0 03-22-18 10:14 FROM- T-948 P0013/0015 F-238 PLACER CO! TY SHERIFF / CORONER / MA..WHAL'S UFFIGE NARRATIVE REPORT GEO CODE [ ] ORIGINAL [X] SUPPLEMENTARY REPORT NUMBER Squaw Valley $018-3004 CRIME VICTIM AAA-CAL FIRE. SOLIS/ LOPEZ | attempted to get a physical address for Jose and Bricedia’s address but was told they just moved to Truckee and it was only known they lived in Sierra Village | received a phone call from Bricedia’s sister-in-law, Sandra, who was very concerned about the condition of Bricedia and Jose. She stated she was unable to get ahold of anyone concerning the two but was told by hospital staff she could call me with questions. I told Sandra what had occurred and stated they were being transferred to UC Davis for further treatment. | was aware of a silver Jeep Cherokee parked at the scene who we assumed belonged to the couple and asked Sandra to confirm who it belonged to. Sandra stated it was Jose’s Jeep and that they owned a couple other vehiclés too but not one of them were witnessed at scene. Photos and interviews with Jose booked into evidence. See attached property record Nothing Further. Reported By: Date: 03/2018 Detective Frykberg #63 Page 4 Approved By: 6 03-22-18 10:14 FROM- 1-948 P0014/0015 F-238 PLACER COUNTY SHERIFFS OF FICE orno, 2018-0003004 PROPERTY RECORD Labi TAG NO Page 1 of 1 TRVOLVMERT — | NARE INVOLVEMENT [NAME LOPEZ, BRICEDIA. B26530 9 1986 ‘ADORESS vm ADDRESS TNVOLVAIENT WARE INVOLVEMENT [Hae VIC-2 SOLIS, JOSE, 608 ‘ADDRESS aoe FOREST IWVOLWMENT NAME INVOLVEMENT NAME - 308 ‘ADDRESS 008 ADDRESS CHARGE ‘CHARGE DESCRIPTION 0 In Custody ALLIED AGENCY ASSIST. ‘DATE AND TIME PROPERTY BOOKED ADDRESSILOGATION WHERE PROPERTY FOUND OFFICER BOOKING PROFERTY 03 20 2018 11:17 2501 NORTH LAKE BLVD FRYKBERG, STEPHANIE/ 1202 Wen "BAR CODES [QUANTITY | COLOR ARTICLE eRaNO MOOEL TYPE TINY. SLFO1 |E2978-18 1 DISC DESCRIPTION ‘GERIALE PROPERTY TYPE cd-rom containing photos of burn victims and interview with Jose. Evidence + 03-22-7118 10:11 FROM- T-948 P0006/0015 F-238 GEO.CODE PLACER COUNTY SHERIFF'S DEPARTMENT Report NuMBER OV 18-3004 CONNECTED REPORTS ( JORIGINAL REPORT [X] SUPPLEMENTARY GRIME TYPE: VICTIM: AAA Squaw Valley Fire Lopez/Solis 3/17/18 2100hrs | received a call from Det. Sgt. Hunt, asking if | would respond to the residence at 1509 Christy Ln. in Squaw Valley to investigate a possible suspicious fire at the residence. | learned that two house cleaners had been in the aforementioned residence when an explosion occurred inside while they were doing laundry. The two escaped the residence but had substantial burns covering their bodies. They were transported to Reno's Renown Hospital. Det. Frykberg was in route to the hospital to try and get a better statement from the two individuals. | arrived on scene and was briefed by Fire Chief Investigator Craig Harvey with Truckee Fire and Fire Chief Allen Riley with Squaw Valley Fire. They told me that they had gotten information from a neighbor, witness, to the east of the residence. The neighbor had smelled gas prior to the explosion and fire. The witness said renters at 1509 had left the residence hours earlier and. that house cleaners had come to clean the house when the explosion occurred. The witness was watching fireworks with his family from inside their rental home next door. The fireworks were going off from across the valley at the Resort at Squaw Creek. They heard and explosion that was not from the fireworks that sounded like it came from west of them. They looked outside and saw flames shooting up from the house next door. At this point in the investigation | found the residence was still on fire and too hazardous to enter. The plan with fire personnel was to let the fire burn out to limit the possible fall hazards of the two story structure. The investigation would begin at first light in the morning when the fire was out. The investigation could better be done during daylight hours Reporting Officer: J.Lasagna #31 bp Date: 3/19/18 Approved By: ga 03-22-7118 10:11 FROM- T-948 P0007/0015 F-238 GEO.CODE PLACER COUNTY SHERIFF'S DEPARTMENT report numBer OV 18-300¢ CONNECTED REPORTS: [ JORIGINAL REPORT [ X] SUPPLEMENTARY CRIME TYPE: VICTIM: AAA Squaw Valley Fire Lopez/Solis A preliminary look at the residence that evening indicated that an explosion occurred in the southwest corner of the residence. Entire window frames were blown out on the southwest corner and some were lying 15 yards from the structure in the snow Possible ignition points were found at the washer dryer and gas water heater / burner for Jacuzzi in that end of the residence. Det. Frykberg called me from the hospital where she was with the male house cleaner Jose Alonzo Solis. Chief Harvey and | spoke to Frykberg and a Spanish translator who was with Jose via speaker phone. We asked Jose questions. We learned that Jose and Bricedia Lopez had arrived to clean 1509 Christy Ln sometime after 1700hrs. They were doing laundry and both went downstairs to a small area in the residence where the washer and dryer were located. They could smell a strange smell at the dryer. Jose opened the dryer door to look inside of it and see if he could figure out where the smell was coming from. At that point the explosion occurred and flames filled the small room. Both Jose and Bricedia ran up the stairs from the room with their clothing on fire. They ran outside and rolled in the snow to put ouf the flames. They were then transported to the hospital Bricedia was sedated and too injured to speak with Frykberg Both Harvey and | believed the fire/explosion to be propane related due to the witness and victim's statements. The area of the explosion was in the lowest point of the residence where propane might settle. All of the homes in the area are on propane gas systems. We adjourned for the evening and would meet back up at 0630hrs in the morning to begin further investigations 0630hrs, 3/18/18 Chief Harvey had already found the propane tank under a snow load before | arrived He told me that they had found no damage at the tank or regulator. We then began to fy}, Reporting er #31 Date: 3/1 Approved By: BG 1 03-22-"18 10:11 FROM- T-948 0008/0015 F-238 @EO.CODE PLACER COUNTY SHERIFF'S DEPARTMENT report NUMBER Ov: 18-3004 CONNECTED REPORTS: { JORIGINAL REPORT [X] SUPPLEMENTARY CRIME TYPE: VICTIM: AAA Squaw Valley Fire Lopez/Solis investigate where the gas line came up from the ground on the south side of the house. We could tell that additional gas lines had run up from the ground and had probably been affixed to the outside exterior of the structure with pipe clamps. These lines were found on the ground at base of the foundation. The lines ran west toward the southwest corner of the residence. There was a metal snow shed box at a regulator. Evidence on the remaining southwest wail still standing indicated that the - lines were affixed to the wall with pipe clamps a screws. beat oH Va a y ne} he i i 4 Pipe Clamp Hanger Met: ‘al Snow Shed Cover/Attachment Point on Wall We uncovered debris from the lines and found what appeared to be a pre fire break in the gas line where it went down to a gas valve located on the south wall. This break appeared pre fire due to the fact that the pipe fitting was filled with soot and ash. The metal was charred and had no clean metal break that may have indicated a post fire break. Reporting Officer: J.Lasagna #31 Date: 3/19/18 Approved B B6 03-22-7118 10:12 FROM- T-948 P0008/0015 F-238 GEO.CODE PLACER COUNTY SHERIFF'S DEPARTMENT — rerorT NuMBER ov 18-3004 * CONNECTED REPORTS [ JORIGINAL REPORT [ X] SUPPLEMENTARY GRIME TYPE: VICTIM: AAA Squaw Valley Fire Lopez/Solis PY en | could find no indications of foul-play or suspicious circumstances in relation to the cause of the fire. It is believed that the heavy snows that had accumulated over the past week had recently shed from the metal roof on the south side of the residence, sheering the metal propane gas line. The gas had pooled in the lower southwest corner area of the residence and the house cleaners caused an ignition source when doing laundry which set off the explosion.