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RUSSELL v. SUPERIOR COURT

Docket No. A035818.

185 Cal.App.3d 810 (1986)

230 Cal. Rptr. 102

JAMES RUSSELL, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; ASBESTOS CLAIMS FACILITY DEFENDANTS et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Five.

September 19, 1986.

Attorney(s) appearing for the Case

COUNSEL

Bryce C. Anderson, Harry F. Wartnick, Cartwright, Sucherman & Slobodin, Joseph D. Davis and Davis & Lewis for Petitioner.

No appearance for Respondent.

Kelly C. Wooster, Stephen M. Snyder, James L. Miller, Barbara A. Caulfield, Brobeck, Phleger & Harrison, Eliot S. Jubelirer, Morgenstein, Ladd & Jubelirer, James N. Penrod, Hassard, Bonnington, Rogers & Huber, Eugene Brown, Jr., Deborah A. Freeman, Hardin, Cook, Loper, Engel & Bergez, John R. Reese, Carole S. Ungvarsky and McCutchen, Doyle, Brown & Enersen for Real Parties in Interest.

Fred J. Hiestand as Amicus Curiae on behalf of Real Parties in Interest.

OPINION

LOW, P.J.

We hold that the Fair Responsibility Act of 1986, popularly known as Proposition 51, is not retroactive.

Petitioner James Russell is plaintiff in a personal injury action pending before respondent superior court. Russell alleges he has contracted a lung disease from exposure to asbestos, and names as defendants several companies who manufactured or distributed the asbestos products to which Russell was exposed...

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