Certain Underwriters at Lloyd's etc. v. Conagra Grocery etc.

BACKGROUND

This case began in 2000, when the County of Santa Clara, subsequently joined by multiple other counties and governmental entities, filed a class action complaint against a number of lead paint manufacturers. (County of

1 Santa Clara v. Atlantic Richfield Co. (2006) 137 Cal.App.4th 292, 299 (Santa Clara I).) After several amendments of the complaint, the trial court sustained demurrers to causes of action for public nuisance, one a claim by the class plaintiffs seeking damages and the other a representative action on behalf of the People of the State of California seeking abatement. (Id. at pp. 299–301.) The court later granted the defendants’ motion for summary judgment on other causes of action and entered a judgment of dismissal. (Id. at pp. 301–303.) On appeal, the Sixth District Court of Appeal held the trial court erred in sustaining the demurrer to the cause of action for representative public nuisance and granting summary judgment on three others. (Santa Clara I, supra, 137 Cal.App.4th at p. 333.) As to the cause of action for representative public nuisance, the court explained that liability was “premised on defendants’ promotion of lead paint for interior use…