California Court of Appeal

In suit alleging defendant violated provisions of the California Safe Drinking Water and Toxic Enforcement Act, judgment for defendant is affirmed where plaintiff was not entitled to a jury trial on defendant's affirmative defense that warnings under the Act were not required, and the trial court's finding that defendant established the warning exemption is supported by substantial evidence. Moreover, denial of defendant's motion for attorney fees was properly based upon a finding that it did not vindicate an important public right or confer a significant benefit on the general public.

Appellate Information

• Decided 07/12/2007
• Published 07/12/2007

Judges

• SWAGER, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Dell'Ario & LeBoeuf, PC, Jacques LeBoeuf, Esq., Oakland, Chanler Law Group, Clifford A. Chanler, Esq., for Plaintiff and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Tom Greene, Chief Assistant Attorney General, Theodora Berger, Senior Assistant Attorney General, Edward G. Weil, Supervising Deputy Attorney General, Susan S. Fiering, Deputy Attorney General, for Amicus curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• Nossaman, Guthner, Knox & Elliott, LLP, Carol René Brophy, Esq., Patrick J. Richard, Esq., Deborah E. Beck, Esq., San Francisco, for Defendant and Appellant.