SKF FARMS v. Superior Court

Petitioners SKF Farms and Jerry Gonzales, Sr., Jerry Gonzales, Jr., and Victor J. Gonzales (collectively called petitioners) seek writs of mandate after the superior court sustained without leave to amend demurrers to certain of their causes of action. Both petitions present identical issues and have been consolidated for purposes of this proceeding.

Petitioners own land in San Diego County on which they grow lettuce and other broad-leaf crops. Real parties Henry and Herman Piper own a large neighboring farm where they grow wheat and other grain crops. In February 1983, the Pipers hired real parties Hummingbird, Inc., and Sam Thomas to aerially dust the Pipers’ wheat crop with an herbicide called 2,4- D. The chemical spray drifted onto petitioners’ fields causing severe crop damage.

Petitioners sued real parties for damage to their crops, alleging, among other things, the aerial application of 2,4-D is an ultrahazardous activity subject to strict liability (first and fourth causes of action). They also alleged the aerial spraying was done wilfully, maliciously and with a conscious disregard of the probable consequences, thus entitling petitioners to punitive damages…