CENTER FOR SELF-IMPROVEMENT & COMMUNITY DEVELOPMENT v. LENNAR CORP.

No. A121982.

173 Cal.App.4th 1543 (2009)

___ Cal.Rptr.3d ___

CENTER FOR SELF-IMPROVEMENT AND COMMUNITY DEVELOPMENT, Plaintiff and Appellant, v. LENNAR CORPORATION et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

May 20, 2009.


Attorney(s) appearing for the Case

Lozeau Drury, Michael R. Lozeau, Richard T. Drury, Suma Peesapati; Law Offices of Andrew L. Packard, Andrew L. Packard and Michael P. Lynes for Plaintiff and Appellant.

O'Melveny & Myers, Debra S. Belaga, Peter Obstler and Marjory A. Gentry for Defendants and Respondents Lennar Corporation, Lennar Homes of California, Inc., Lennar Communities, Inc., Lennar-BVHP, LLC and Lennar Associates Management, LLC.

Wendel, Rosen, Black & Dean, Daniel Rapaport and Thiele R. Dunaway for Defendant and Respondent Gordon N. Ball, Inc.


OPINION

REARDON, J.

Appellant, the Center for Self-Improvement and Community Development (Center), sued respondent developers1 on allegations of generating asbestos dust during their construction activities in the Bayview Hunters Point community. Although it complied with all the prerequisites for bringing a citizen suit to enforce Proposition 65,2 at the time of giving the mandatory...

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