Cottle

*1371 Opinion

Introduction

Petitioners herein are plaintiffs in one of two consolidated toxic tort actions. Petitioners are known as the Cottle plaintiffs. 1

In the underlying action, approximately 175 owners and renters of certain residential properties located in the Oxnard Dunes (the Dunes) residential subdivision in Oxnard, California sued various defendants (some of whom are real parties in interest herein) for personal injuries (both physical injuries and emotional distress injuries) and property damages as a result of defendants’ construction and development of the Dunes on a site that for many years had been used as a dumping ground for certain oil industry hazardous wastes and other by-products. In particular, plaintiffs allege that they suffered injuries due to defendants’ failure to disclose the prior use of the property.

After preliminary orders and hearings, the trial court issued an order excluding petitioners from submitting evidence at trial that their personal physical injuries were caused by exposure to chemicals at the Dunes. Petitioners sought review of that order by way of a writ petition, and we granted review. We conclude that the court acted within its…

Dissenting. — I do not adopt the majority’s broad analysis of a trial court’s inherent powers especially when the court’s action deprives litigants of procedural protections the Legislature guaranteed. Moreover, while I recognize trial courts are granted special powers when handling complex civil litigation, the applicable California standards do not confer authority to terminate causes of action for lack of proof before trial without complying with the summary judgment procedure the Legislature specifically enacted for that purpose. Furthermore, assuming the trial court’s decision was procedurally permissible, I disagree with the causation standard the majority opinion approves for use in this toxic tort case.

I. The Case Management Order Denying Plaintiffs the Opportunity to Present Their Personal Injury Actions to the Jury Is the Functional Equivalent of a Summary Judgment Motion Granted Without Complying With the Procedural Protections Mandated by the Legislature and Cannot Be Justified Under the “Inherent Powers" of the Court or Under the Special Standards Applicable to Complex Litigation.

I have serious differences with my colleagues over the procedural legality of the…

Lewis, D'Amato, Brisbois & Bisgaard, Christopher P. Bisgaard, Allyn O. Kreps, John H. Shimada, Judith A. Zipkin, Arter, Hadden, Lawler, Felix & Hall, Stephen T. Swanson, Bart L. Kessel, Lawler, Bonham & Walsh, Byron J. Lawler, Carol A. Woo, Murchison & Cumming, Cindy Hiroto Roberts, Kenneth H. Moreno, Beth E. Graff, Nordman, Cormany, Hair & Compton, Glen M. Reiser and Jonathan Fraser Light for Real Parties in Interest.

OPINION

WOODS (Fred), J. —

Petitioners herein are plaintiffs in one of two consolidated toxic tort actions. Petitioners are known as the Cottle plaintiffs. [1]

In the underlying action, approximately 175 owners and renters of certain residential properties located in the Oxnard Dunes (the Dunes) residential subdivision in Oxnard, California sued various defendants (some of whom are real parties in interest herein) for personal injuries (both physical injuries and emotional distress injuries) and property damages as a result of defendants' construction and development of the Dunes on a site that for many years had been used as a dumping ground for certain oil industry hazardous wastes and other by-products. In particular, plaintiffs allege that they suffered…