MITSUBISHI MATERIALS v. SUPERIOR COURT

No. G030056

6 Cal.Rptr.3d 159 (2003)

113 Cal.App.4th 55

MITSUBISHI MATERIALS CORPORATION et al., Petitioners, v. The SUPERIOR COURT of Orange County, Respondent; Frank H. Dillman et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Three

Review Denied February 24, 2004.


Attorney(s) appearing for the Case

Morrison & Foerster, Kathleen V. Fisher, Arne D. Wagner, San Francisco, H. Mark Mersel, Irvine, John A. Kelley; O'Melveny and Myers, Brett J. Williamson, Irvine, Vicki A. Nash, Newport Beach, John H. Beisner, John F. Niblock, Washington, DC; Pillsbury Winthrop, Barbara L. Croutch, Nathan M. Spatz, Los Angeles; Bingham McCutchen, David M. Balabanian, Christopher B. Hockett, San Francisco, Thomas S. Hixon, Matthew E. Digny and Heidi A. Leider for Petitioners.

Robert D. McCallum, Jr., Assistant Attorney General of the United States, John S. Gordon, United States Attorney; Mark Stern, Douglas Hallward-Driemeier, Kathleen Kane, United States Department of Justice; James G. Hergen and Lara A. Ballard, United States Department of State, for the United States of America as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Herman, Mathis, Casey, Kitchens & Gerel, David S. Casey, Jr., and Bonnie E. Kane, San Diego, for Real Parties in Interest.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Louis Verdugo, Jr., Senior Assistant Attorney General, Catherine Z. Ysrael, Supervising Deputy Attorney General, and Angela Sierra, Deputy Attorney General, for the State of California as Amicus Curiae on behalf of Real Parties in Interest.


OPINION

SILLS, P.J.

Prologue

Our original opinion in this matter was filed February 6, 2003. The California Supreme Court granted review on April 30, 2003. While the case was pending before that court, the United States Supreme Court handed down American Ins. Ass'n v. Garamendi (2003) 539 U.S. 396, 123 S.Ct. 2374, 156 L.Ed.2d 376. The Garamendi case held that California's Holocaust Victim Insurance...

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