DiPirro

Plaintiff Michael DiPirro (DiPirro) filed a complaint against defendant Bondo Corporation (Bondo) seeking enforcement of the provisions of the Safe Drinking Water and Toxic Enforcement Act of 1986 (the Act) (Health & Saf. Code, §§ 25249.5-25249.13). The action was bifurcated, and respondent’s defense of a statutory exemption from the warning and enforcement provisions of the Act (§ 25249.10, subd. (c)) was first adjudicated before the court, sitting without a jury. The court found that Bondo’s product is exempt from the warning requirements of the Act, and entered judgment in favor of Bondo. Bondo’s subsequent request for attorney fees was denied.

DiPirro claims in his appeal that he was denied the right to a jury trial, and the trial court erred by finding that respondent established the warning exemption. Bondo appeals seeking reversal of the trial court’s denial of its motion for attorney fees pursuant to Code of Civil Procedure section 1021.5. We conclude that DiPirro was not entitled to a jury trial on Bondo’s affirmative defense that warnings under the Act were not required, and the trial court’s finding that Bondo established the warning exemption is supported by…