Jones
Jones v. ConocoPhillips Co.
Opinion
Lead Opinion
Perluss, J.
Carlos Jones died in 2008 from diseases of the heart, liver and kidneys that his wife, Ofelia Jones, and surviving children (the Joneses) attribute to his exposure to multiple chemical products with which Carlos 1 worked during his employment by The Goodyear Tire and Rubber Company (Goodyear) and The Upjohn Company (Upjohn). In 2009 the Joneses sued 19 manufacturers 2 of 34 chemical products, alleging each product identified in the complaint contained toxins that were a substantial factor in causing Carlos’s illness and death. This appeal arises from the judgment of dismissal entered after the trial court sustained certain of defendants’ demurrers to the first amended complaint, 3 which were principally grounded on the contention the Joneses had failed to plead causation of Carlos’s injuries with the specificity required by the Supreme Court in Bockrath v. Aldrich Chemical Co. (1999) 21 Cal.4th 71 [ 86 Cal.Rptr.2d 846 , 980 P.2d 398 ] (Bockrath). Contrary to the contention of defendants and the ruling of the trial court, at the pleading stage the Joneses need not identify the specific toxin contained in each hazardous product to which Carlos was exposed that was a…