In Re Groundwater Cases

These coordinated appeals are before us after remand from the Supreme Court’s decision in Hartwell Corp. v. Superior Court (2002) 27 Cal.4th 256 [ 115 Cal.Rptr.2d 874 , 38 P.3d 1098 ] (Hartwell), and they require us to determine whether the trial court properly applied the Supreme Court’s holding in that case. In Hartwell, the Supreme Court held that Public Utilities Code section 1759 (section 1759) barred actions for damages against water purveyor defendants regulated by the California Public Utilities Commission (PUC) and arising out of exposure to contaminated drinking water where such actions challenged the adequacy of drinking water standards or sought damages for exposure to water that met applicable regulatory standards. ( Hartwell, supra, 27 Cal.4th at pp. 276-277.) The Supreme Court allowed plaintiffs to pursue “damage claims based on the theory that the water [supplied by defendants] failed to meet federal and state drinking water standards.” (Id. at p. 276.) It held section 1759 did not bar damages claims for exposure to water that violated those standards. (27 Cal.4th at pp. 277-278.)

The plaintiffs in the actions below appeal from the dismissal of their…