Ahrens

Petitioners filed this action against Pacific Gas and Electric Company (PG&E) and others following a fire in an electrical transformer containing polychlorinated biphenyls (PCB’s) at a San Francisco high-rise office building in May 1983. Summary adjudication of issues was granted in favor of PG&E, primarily on the issue of whether the use of electrical transformers containing PCB’s constitutes an ultrahazardous activity. Additionally, the court determined to be without substantial controversy the issues whether PG&E was involved in a conspiracy to misrepresent facts surrounding the cleanup following the fire and whether PG&E was involved in tissue and blood sampling performed on the petitioners.

Petitioners seek a writ of mandate commanding the superior court to set aside its order granting real party’s motion for summary adjudication of issues. We will grant relief in part for the reasons which we explain.

Factual Background

The facts, as contained in the documents before the trial court, are as follows. Petitioners were employed at One Market Plaza, an office high-rise owned by Equitable Life Assurance Company and Southern Pacific Transportation Company. PG&E owned…