City of Sanger v. Superior Court

The question we decide here is whether a municipality may pursue a claim for punitive damages. The superior court granted a defense motion for judgment on the pleadings and dismissed the claim. We grant a writ of mandate to reinstate the plaintiff’s claim.

The City of Sanger (petitioner) is the sole remaining plaintiff in an action against Occidental Chemical Corporation and Occidental Petroleum Corporation, Shell Oil Company and Dow Chemical Company (real parties). The complaint alleges causes of action for negligence, nuisance, trespass, and product defect on the ground that petitioner’s water system was contaminated by “1, 2-dibromo-3-chloropropane” (DBCP) “manufactured, distributed, sold, used and/or transported” by real parties. The complaint alleges that the actions of real parties caused damages to petitioner in excess of $500,000. The complaint seeks punitive damages on the ground that real parties acted with knowledge of or in callous, conscious and/or reckless disregard of the fact that DBCP is toxic and dangerous to humans and that the chemicals would contaminate or destroy petitioner’s property.

Real parties moved for judgment on the pleadings as to the…