CONNECTICUT INDEMNITY CO. v. SUPERIOR COURT

No. S065841.

98 Cal.Rptr.2d 221 (2000)

23 Cal.4th 807

3 P.3d 868

CONNECTICUT INDEMNITY COMPANY et al., Petitioners, v. SUPERIOR COURT of San Joaquin County, Respondent; City of Lodi, Real Party in Interest. Maryland Casualty Company et al., Petitioners, v. Superior Court of San Joaquin County, Respondent; City of Lodi, Real Party in Interest.

Supreme Court of California.

July 24, 2000.


Attorney(s) appearing for the Case

Archer, McComas, Breslin, McMahon & Chritton, W. Eric Blumhardt, Amy S. Hutchins and Sean D. White, Walnut Creek, for Petitioner Connecticut Indemnity Company.

Sinnott, Dito, Moura & Puebla, Randolph P. Sinnott, Los Angeles, James M. Ratzer, San Francisco, and Kathleen Hurly, San Francisco, for Petitioner LMI Insurance Company.

Wiley, Rein & Fielding, Thomas W. Brunner, Daniel E. Troy, C. Russell Clause, N. Christopher Hardee, Washington, DC; Kroloff, Belcher, Smart, Perry & Christopherson, Thomas O. Perry, Stockton; O'Connor, Cohn, Dillon & Barr and Holly S. Burgess, San Francisco, for Petitioners Maryland Casualty Company, Maryland Insurance Group and Northern Insurance Company of New York.

Rivkin, Radler & Kremer, Donald T. McMillan and George J. Keller, Santa Rosa, for Petitioner Fireman's Fund Insurance Company.

Bien & Summers and Elliot L. Bien, San Francisco, for Insurance Environmental Litigation Association as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Randall A. Hays, City Attorney; Envision Law Group, Michael C. Donovan, Lafayette, Cecelia C. Fusich, Palo Alto, John R. Till and Brian R. Paget, Assistant City Attorneys; Zevnik Horton Guibord McGovern Palmer & Fognani, Los Angeles, Bret A. Stone and Adam Babich, Deputy City Attorneys, for Real Party in Interest.

Meyers, Nave, Riback, Silver & Wilson and Rick W. Jarvis, San Leandro, for 17 California Cities and Counties as Amici Curiae on behalf of Real Party in Interest.


GEORGE, C.J.

We granted review to determine whether a city council, pursuant to a legislative investigation of toxic contamination of local groundwater, is authorized by Government Code section 37104 to issue subpoenas for the purpose of obtaining information relating to liability insurance coverage and claims concerning parties believed to be legally responsible for the contamination, where it appears likely that the city also might employ that same information in...

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