GERAWAN FARMING, INC. v. LYONS

No. F031142.

114 Cal.Rptr.2d 657 (2001)

94 Cal.App.4th 665

GERAWAN FARMING, INC., Plaintiff and Appellant, v. William LYONS, Jr., as Secretary, etc., Defendant and Respondent.

Court of Appeals of California, Fifth District.

Rehearing Denied January 8, 2002.

Review Granted March 20, 2002.


Attorney(s) appearing for the Case

Brian C. Leighton, Clovis; Mayer, Brown & Platt, Michael W. McConnell, Chicago, IL, and Sharon Swingle, Washington, Dist. of Columbia, for Plaintiff and Appellant.

King & Spaulding, Steven G. Brody, Jeanette M. Viggiano; Daniel J. Popeo, R. Shawn Gunnarson; Thomas, Walton & Graves and John R. Walton, for Washington Legal Foundation as Amicus Curiae on behalf of Plaintiff and Appellant.

Bill Lockyer, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, Charles W. Getz IV and Richard M. Frank, Assistant Attorneys General, Edna Walz, Ronald A. Reiter, Seth E. Mermin and Tracy L. Winsor, Deputy Attorneys General, for Defendant and Respondent.

Kahn, Soares & Conway, George H. Soares, Dale A. Stern, Sacramento, and Robert S. Hedrick, for California Avocado Commission, California Apple Commission, California Asparagus Commission, California Cut Flower Commission, California Date Commission, California Egg Commission, California Forest Products Commission, California Grape Rootstock Improvement Commission, California Kiwifruit Commission, Lake County Winegrape Growers Commission, Lodi Woodbridge Winegrape Growers Commission, California Pepper Commission, California Pistachio Commission, California Rice Commission, California Sheep Commission, California Strawberry Commission, California Tomato Commission, California Walnut Commission, and California Wheat Commission as Amici Curiae on behalf of Defendant and Respondent.


OPINION

VARTABEDIAN, Acting P.J.

Introduction

In Gerawan Farming, Inc. v. Lyons (2000) 24 Cal.4th 468, 517, 101 Cal.Rptr.2d 470, 12 P.3d 720 (Gerawan), the Supreme Court assigned this court the responsibility to address "in the first instance" certain questions raised by the Gerawan court's conclusion that...

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