People Ex Rel. Lockyer v. Sun Pacific Farming Co.

Bad Law
2000 Cal. App. LEXIS 24·2000 Daily Journal DAR 571·77 Cal. App. 4th 619·92 Cal. Rptr. 2d 115·2000 Cal. Daily Op. Serv. 422
Court of Appeal of CaliforniaJanuary 13, 2000F029664California7,397 words

Opinion

Opinion

Wiseman, J.

The People of the State of California, the Central California Tristeza Eradication Agency and the Kern County Citrus Pest Control District (the People) brought an action for abatement of public nuisance against Sun Pacific Farming Co.; Wallich’s Ranch Co.; McFarland Ranch; Bob Reniers; South Star Ranch Co.; WCM Farm Co., Ltd.; The Corrotto Co., Inc.; Badger Farming Company, individually and doing business as Sequoia Enterprises; Woody Ranch; and Rolling Hills Ranch (Sun Pacific), among others. The trial court found that Sun Pacific’s maintenance of citrus trees infected with the citrus tristeza virus (CTV) constitutes a public nuisance and issued an injunction mandating Sun Pacific to remove all CTV-infected citrus trees. Sun Pacific appeals, alleging error by the trial court in a number of pretrial rulings on the People’s in limine motions and the constitutional issues raised in Sun Pacific’s affirmative defenses. We affirm.

Procedural History

On March 7, 1997, the People filed a complaint against Sun Pacific, alleging four causes of action: 1) violation of Food and Agricultural Code section 5401 et seq., 2) violation of Business and Professions Code section 17200 et…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.