People v. Conagra Grocery Prods. Co.

Good Law

17 Cal. App. 5th 51·227 Cal. Rptr. 3d 499

Court of Appeal of CaliforniaNovember 14, 2017H040880California51,154 words

Opinion

lead Opinion

Mihara, J.

*514 *65 After a lengthy court trial, the People of the State of California (plaintiff) prevailed in this representative public nuisance action against defendants ConAgra Grocery Products Company (ConAgra), NL Industries, Inc. (NL), and the Sherwin-Williams Company (SWC). 1 The trial court ordered ConAgra, NL, and SWC to pay $1.15 billion into a fund to be used to abate the public nuisance created by interior residential lead paint in the 10 California jurisdictions represented by plaintiff. ConAgra, NL, and SWC (collectively defendants) challenge the court's judgment on many grounds. They contend, among other things, that the court's judgment is not supported by substantial evidence of knowledge, promotion, causation, or *66 abatability. Defendants also challenge the judgment on separation of powers and due process grounds, claim that they were erroneously denied a jury trial, and assert that the trial court made other prejudicial procedural and evidentiary errors. 2 We conclude that the trial court's judgment must be reversed because substantial evidence does not support causation as to residences built after 1950. We also direct the trial court to hold further proceedings on…

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Parties

The PEOPLE and
Plaintiff
CONAGRA GROCERY PRODUCTS COMPANY, and The Sherwin-Williams Company and
Defendant

Judges

Mihara

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