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PATERNO v. STATE

No. C040553

6 Cal.Rptr.3d 854 (2004)

113 Cal.App.4th 998

Peter PATERNO et al., Plaintiffs and Appellants, v. STATE of California et al., Defendants and Respondents.

Court of Appeals of California, Third District

As Modified on Denial of Rehearing December 24, 2003

Review Denied March 17, 2004.

Attorney(s) appearing for the Case

Desmond, Nolan, Livaich & Cunningham, Gary Livaich, David Collins, and Richard F. Desmond, Sacramento, and Law Office of Clifford E. Hirsch; Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Jerome B. Falk, Jr., and Simon J. Frankel, San Francisco, for First Union Real Estate Equity & Mortgage Investments; Kronick, Moskovitz, Tiedemann & Girard and Lloyd Hinkelman; Law Offices Of Stanley Bell, Sally G. Bergman; Robins, Kaplan, Miller & Ciresi, and Scott G. Johnson, Los Angeles; and Frederick A. Jacobsen for Plaintiffs and Appellants.

Bill Lockyer, Attorney General, Andrea Hoch, Chief Assistant Attorney General, Darryl Doke, Supervising Deputy Attorney General, Sterling A. Smith, Deputy Attorney General, for State of California; G. Steven Jones, La Jolla, and Carl R. Lindmark, Yuba City, for Reclamation District 784, Defendants and Respondents.

MORRISON, J.

The environmental aftermath of the Gold Rush continues to plague California. Hydraulic mining debris caused flooding which led to the building of levees at the confluence of the Yuba and Feather Rivers. Almost a century ago the Linda levee was built with uncompacted mining debris, and the use of that debris caused the levee to collapse on February 20, 1986.

About 3,000 plaintiffs sued the State of...

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