SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY v. SUPERIOR COURT

No. B200777.

163 Cal.App.4th 712 (2008)

SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JAMES TUTLNO et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Three.

June 3, 2008.


Attorney(s) appearing for the Case

Randolph Cregger & Chalfant, Joseph P. Mascovich; Cummins & White, James R. Wakefield; Sims Law Firm and Michael E. Murphy for Petitioners.

Landman Corsi Ballaine & Ford, Ameet B. Kabrawala and William G. Ballaine for National Railroad Passenger Corporation as Amicus Curiae on behalf of Petitioners.

Kirkpatrick & Lockhart Preston Gates Ellis, Raymond E. Loughrey; and James LaRusch for American Public Transportation Association as Amicus Curiae on behalf of Petitioners.

Louis P. Warchot, Daniel Saphire; Ernster Law Offices, John H. Ernster and Ryan K. Marden for Association of American Railroads as Amicus Curiae on behalf of Petitioners.

Hanson Bridgett Marcus Vlahos & Rudy, David J. Miller, Michael N. Conneran, Kimon Manolius and Warren R. Webster for Peninsula Corridor Joint Powers Board (Caltrain) as Amicus Curiae on behalf of Petitioners.

O. J. Solander, Matthew B. George and Bruce A. Behrens, Chief Counsel, Thomas C. Fellenz, Deputy Chief Counsel, and Ronald W. Beals, Assistant Chief Counsel, for State of California Department of Transportation as Amicus Curiae on behalf of Petitioners.

Best Best & Krieger, C. Michael Cowett and Paula C.P. de Sousa for North County Transit District as Amicus Curiae on behalf of Petitioners.

Neumiller & Beardslee, Thomas J. Shephard, Sr., John W. Stovall and Jeremy B. Price for San Joaquin Regional Rail Commission as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Ringler Kearney Alvarez, Jerome L. Ringler, Thomas A. Kearney, Richard L. Rosett; Esner, Chang & Ellis and Stuart B. Esner for Real Parties in Interest.

Arkin & Glovsky and Sharon J. Arkin for Consumer Attorneys of California as Amicus Curiae on behalf of Real Parties in Interest.


OPINION

KLEIN, P. J.

This petition for writ of mandate arises out of the January 26, 2005 commuter train derailment incident near Glendale, California. Approximately 100 plaintiffs consisting of passengers, railroad workers and their survivors, brought a consolidated wrongful death and personal injury lawsuit against petitioners Southern California Regional Rail Authority doing business as Metrolink and the Los Angeles County Metropolitan Transit...

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