American Tobacco Co. v. Superior Court

Petitioners, manufacturers of tobacco products, each of whom is a defendant in one or more of eleven lawsuits pending in respondent court, seek a writ of mandate and/or prohibition to compel the lower court to set aside its orders denying petitioners’ motions for judgment on the pleadings in the actions filed by the real parties in interest. As we explain, petitioners are entitled to judgments on the pleadings; accordingly, we shall grant the petition.

Background

The real parties in interest (who, for the sake of simplicity, shall be referred to as plaintiffs) consist of individuals and the heirs of individuals who became ill, and in some cases died, allegedly as a result of being exposed to tobacco, asbestos and other toxic substances produced by petitioners and the other named defendants. Plaintiffs filed 11 separate lawsuits for damages for personal injuries and wrongful death; in each case the petitioners moved for judgment on the pleadings, asserting that Civil Code section 1714.45 immunized them from liability founded on use of their tobacco products. The superior court denied the motions, reasoning that since petitioners refused to admit their products were…