LOCKHEED MARTIN CORPORATION et al., Petitioners,
v.
The SUPERIOR COURT of San Bernardino County, Respondent;
Roslyn Carrillo et al., Real Parties in Interest.
Baumac Corporation, Petitioner,
v.
The Superior Court of San Bernardino County, Respondent;
Roslyn Carrillo, Real Party in Interest.
Petro-Tex Chemical Corporation et al., Petitioners,
v.
The Superior Court of San Bernardino County, Respondent;
Roslyn Carrillo et al., Real Parties in Interest.
Court of Appeals of California, Fourth District, Division Two.https://leagle.com/images/logo.png
April 11, 2000.
As Modified on Denial of Rehearing May 9, 2000.
Review Granted July 12, 2000.
Attorney(s) appearing for the Case
Holme Roberts & Owen and Linnea Brown; Gibson, Dunn & Crutcher, Robert S. Warren, Robert W. Loewen and Daniel S. Floyd, Los Angeles, for Lockheed Martin Corporation and Highland Supply Corporation.
Payne & Fears and David Sweet, Irvine, for Highland Supply Corporation.
Bowman & Brooke and Anthony S. Thomas, Torrance; Seyfarth, Shaw, Fairweather & Geraldson, John D. Dwyer, Steven B. Katz and Carrie L. Daughters, Los Angeles, for FMC Corporation.
Nossaman, Guthner, Knox & Elliot and Patrick J. Richard, San Francisco, as Amicus Curiae on behalf of Petitioners.
Wood, Smith, Henning & Berman, David F. Wood, Ann G. Zuckerman and James C. Macdonald, Los Angeles; Brunick, Alvarez & Battersby and Leland P. McElhaney, San Bernardino, for BAUMAC Corporation.
Zevnik Horton Guibord McGovern Palmer & Fognani, John D. Fognani, San Diego, Michael John Miguel and K. Eric Adair for PETRO-TEX Chemical Corporation and El Paso Tennessee Pipeline Co.
Engstrom, Lipscomb & Lack, Walter J. Lack and Gary A. Praglin, Los Angeles; Masry & Vititoe and Edward L. Masry, Westlake Village; Girardi & Keese and Thomas V. Girardi, Los Angeles; Ward & Ward and Alexandra S. Ward, San Bernardino, for Real Parties in Interest.
Court of Appeals of California, Fourth District, Division Two.
OPINION
HOLLENHORST, Acting P.J.
We are called on to determine whether the trial court abused its discretion in certifying this case to proceed as a class action. We must conclude that it did because factors unique to each plaintiffs1 entitlement to medical monitoring overwhelm the common issues of fact. Accordingly, we will grant the petitions.
FACTUAL AND PROCEDURAL BACKGROUND
The present action involves...
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