Initial Extinguishment Masked Lingering Threat, Lawsuit Claims

The Lachman Fire, initially deemed extinguished near Skull Rock along the Temescal Ridge Trail in Pacific Palisades on January 1, 2025, harbored a hidden danger. Newly revealed deposition testimony indicates that California State Parks employees observed ongoing smoldering at the site but did not immediately notify fire authorities, a decision now at the heart of a significant legal challenge.

This failure to report, according to plaintiffs in a class-action lawsuit, allowed embers to continue burning underground, ultimately reigniting and escalating into the larger and more destructive Palisades Fires six days later. The lawsuit represents over 10,000 individuals seeking accountability for the losses suffered.

The Temescal Ridge Trail and State Parks’ Responsibilities

The Temescal Ridge Trail falls under the jurisdiction of California State Parks, as it’s connected to Topanga State Park. This places a clear responsibility on the agency to monitor the land, even after a fire is initially contained. According to the State Parks’ own operations manual, burned areas should remain closed until thoroughly inspected to ensure public safety.

Attorney Roger Behle, representing over 3,000 plaintiffs, argues that State Parks officials were obligated to report the continued smoldering. “If they see something, they could call CAL FIRE or they could call LAFD back. It’s their obligation because it’s their land,” Behle stated. “Their own policy mandates closure and inspection after a fire.”

However, a spokesperson for the State Parks Department countered that the agency’s policy allows for discretion based on visitor safety considerations. This interpretation is fiercely contested by the plaintiffs’ legal team.

The dispute extends to the use of “avoidance maps,” shared between the state and firefighters, which highlight environmentally sensitive areas. While the state claims the Lachman Fire did not occur near these areas, maps from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) suggest otherwise, showing the burn scar overlapping with protected habitats.

Text messages between State Parks employees on January 1st reveal concerns about endangered plant populations and cultural sites in the vicinity of the fire. One message read, “There is an endangered plant population and a cultural site in the immediate area… So I imagine they are cutting at least one astragalus with those hand crews.” Another employee responded, “We will hold for now until I hear heavy equipment is being deployed.”

Despite these concerns, the State Parks Department maintains that its employees did not interfere with firefighting efforts. However, photographs presented by Behle’s team show a State Parks environmental scientist in conversation with LAFD firefighters, allegedly requesting they restore vegetation removed during fire mitigation efforts to avoid confusing hikers.

“There’s still smoke coming out of the ground,” Behle explained. “And he goes and finds firefighters and a battalion chief, and says, ‘Please come up here with your hand tools and return to the containment line you just dug….’ To me, that’s influencing or interfering with what the firefighters did.”

The core of the legal argument isn’t about firefighting tactics, Behle emphasizes, but about the state’s responsibility as a landowner to ensure the safety of its properties and the public.

David Howard, a plaintiff who lost his home of over 30 years in the Palisades Fire, expressed his frustration: “I joined this lawsuit because the people that are responsible for public safety need to be held accountable, and public safety did not happen in the Palisades.” He added, “I think nothing went right” in the handling of the initial Lachman Fire.

“I joined this lawsuit because the people that are responsible for public safety need to be held accountable, and public safety did not happen in the Palisades,” said David Howard, one of the plaintiffs in the lawsuit.

The case raises critical questions about the balance between environmental protection, fire mitigation, and public safety in California’s wildfire-prone landscapes.
What level of oversight should State Parks exercise after a fire is initially contained? And how can agencies better coordinate to prevent similar incidents in the future?

Frequently Asked Questions About the Palisades Fire Lawsuit