City of San Jose v. Monsanto Co.
Opinion
Lead Opinion
Davila, J.
ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINTS
In these related cases, Plaintiffs City of San Jose, City of Oakland, and City of Berkeley (the “Cities”) seek damages from Defendants Monsanto Company, Solutia Inc., and Pharmacia LLC (“Monsanto”). From the 1930s to the 1970s, Monsanto manufactured and sold products containing environmental contaminants called poly-chlorinated biphenyls (“PCBs”). The Cities allege that Monsanto’s PCBs pollute the San Francisco Bay (the “Bay”) through stormwater and dry weather runoff from the Cities, forcing the Cities to spend money to reduce PCB discharge in order to comply with state and federal regulations.
The Cities each allege a single cause of action for public nuisance. Before the Court are Monsanto’s motions to dismiss the Cities’ first amended complaints. Case No. 15-cv-3178, Dkt. No. 103; Case No. 15-cv-5152, Dkt. No. 81; Case No. 16-ev-71, Dkt. No. 71 (together, “MTD”; these motions are identical). The Cities have filed a single joint opposition. Case No. 15-cv-3178, Dkt. No. 106; Case No. 15-cv-5152, Dkt. No. 84; Case No. 16-cv-71, Dkt. No. 74 (“Opp.”).