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STATE OF CALIFORNIA v. SUPERIOR COURT

No. E025472.

93 Cal.Rptr.2d 276 (2000)

78 Cal.App.4th 1019

STATE OF CALIFORNIA, Petitioner, v. The SUPERIOR COURT of Riverside County, Respondent; Underwriters at Lloyd's of London et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Two.

Review Denied June 2, 2000.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Margaret A. Rodda, Senior Assistant Attorney General and Darryl L. Doke, Supervising Deputy Attorney General, Cotkin & Collins, Roger W. Simpson, Los Angeles, and M. Anne Jennings, San Francisco, Bergman & Wedner, Gregory M. Bergman, Robert M. Mason III, and Kristi Sjoholm-Sierchio, Los Angeles, for Petitioner.

Latham & Watkins and David L. Mulliken, David J. Barrett, and Patricia Guerrero, San Diego, for Pyrite Canyon Group, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Barger & Woven, John C. Holmes, Los Angeles, Mark C. Goodman, Misty A. Murray; Baker, Silberberg & Nahra and Steven T. Adams, Santa Monica, for Real Parties in Interest.

OPINION

McKINSTER, J.

In this matter we are asked to determine whether or not the State of California (hereinafter "State" or "petitioner") owns all of the groundwater present under the surface of the state. We conclude that it does, but that its "ownership" is not necessarily such as to trigger an "owned property" exclusion in a policy of liability insurance. Accordingly, we set aside the trial court's ruling that the "owned property" exclusion applies...

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