California Court of Appeal

In action to recover fire fighting costs for fire that real parties admit starting and that burned two weeks and cost millions to combat, petition for writ of mandate challenging denial of motion for judgment on the pleadings on real parties' affirmative defenses is granted, principally, as the affirmative defenses of comparative fault and failure to mitigate damages are not available in an action to recover fire fighting costs under Health & Safety Code sections 13009 and 13009.1.

Appellate Information

• Decided 02/04/2008
• Published 02/04/2008

Judges

• YEGAN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown, Jr., Attorney General of the State of California, Mary E. Hackenbracht, Senior Assistant Attorney General, Gary Tavetian and Michael W. Hughes, Deputy Attorney General, for Petitioner., Brown, Brown & Klass, Delos E. Brown, Agoura Hills, and John L. Stumreiter, for Real Parties in Interest.


• For Appellees:
  
• No appearance for Respondent.