SANTA CLARA v. ATLANTIC RICHFIELD CO.

No. H026651.

40 Cal.Rptr.3d 313 (2006)

137 Cal.App.4th 292

COUNTY OF SANTA CLARA, et al., Plaintiffs and Appellants, v. ATLANTIC RICHFIELD COMPANY, et al., Defendants and Respondents.

Court of Appeal of California, Sixth District.

Rehearing Denied March 24, 2006.

Review Denied June 21, 2006.


Attorney(s) appearing for the Case

Bruce L. Simon, Robert G. Retana, Elizabeth C. Pritzker, Cotchett, Pitre, Simon & McCarthy, Burlingame, Kathryn J. Zoglin, Ann Miller Ravel, Office of the Santa Clara County Counsel, for Appellant County of Santa Clara.

Roy Combs, for Oakland Unified School District.

Dennis Jose Herrera, and Owen Clements, Ingrid M. Evans, San Francisco, for City and County of San Francisco, et al.

John Anthony Russo, Randolph W. Hall, Oakland, Andrea Ford Roberts, Christoper Kee, for City of Oakland, et al.

Sean O'Leary Morris, James Frederic Speyer, William H. Voth, Philip H. Curtis, Arnold & Porter, Los Angeles, for Respondent Atlantic Richfield Company.

James McManis, William Faulkner, McManis, Faulkner & Morgan, San Jose, for Respondent NL Industries, Inc.

Anna S. McLean, Heller, Ehrman, White & McAuliffe, San Francisco, Elyse Echtman, Richard W. Mark, Orrick, Herrington & Sutcliffe, for Respondent American Cyanamid Company.

Lawrence A. Wengel, Greve, Clifford, Wengel & Paras, Sacramento, for Respondent ConAgra Grocery Products.

Clement L. Glynn, Glynn & Finley, Walnut Grove, Steven R. Williams, Visalia, Collin J. Hite, William H. King, Jr., McGuire Woods, Los Angeles, for Respondent E.I. DuPont De Nemours & Company.

Michael T. Nilan, David T. Schultz, Halleland, Lewis, Nilan, Sipkins & Johnson, and James C. Hyde, Ropers, Majeski, Kohn & Bentley, San Jose, for Respondent Millennium Inorganic Chemicals Inc.

John W. Edwards II, Elwood Lui, Jones, Day, Reavis & Pogue, Menlo Park, for Respondent Sherwin-Williams Company.

Paul F. Markoff, Thomas Karaba, Crowley, Barrett & Karaba, and Archie S. Robinson, Robinson & Wood, San Jose, for Respondent The O'Brien Corporation.

Jennifer B. Henning, for California State Association of Counties as Amicus Curiae on behalf of Plaintiffs and Appellants.

Sunnie Lee Daniels, for Office of the Los Angeles City Attorney as Amicus Curiae on behalf of Plaintiffs and Appellants.

Jenny Chi-Chin Huang, for Public Advocates, Inc. as Amicus Curiae on behalf of Plaintiffs and Appellants.


MIHARA, J.

A group of governmental entities acting for themselves, as class representatives, and on behalf of the People of the State of California, filed a class action against a group of lead manufacturers. The governmental entities alleged that the manufacturers were liable on theories of strict product liability, negligence and fraud for damages caused by lead paint, should be required to abate the public nuisance created by lead paint, and should be enjoined...

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