California Court of Appeal

In plaintiffs' case against a county and the owner and operator of their mobile home park for fluoride contamination in the water, trial court's grant of county's demurrer to the third cause of action is vacated and reversed as California Code of Regulations section 64256(e) imposes upon the county the express mandatory duty to undertake a monthly review of all water quality monitoring data submitted to it in order to detect deviations from specific water quality standards. Furthermore, this duty was designed to protect water consumers like plaintiffs from the type of harm they claim to have suffered.

Appellate Information

• Decided 10/28/2009
• Published 10/28/2009

Judges

• PREMO, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Sullivan Hill Lewin Rez & Engel, Brian L. Burchett, San Diego, Law Offices of Richard H. Rosenthal, Richard H. Rosenthal, Carmel Valley, Selden Law Firm, Lynde Selden, II, San Diego, for Plaintiffs/Appellants, Javier R. Guzman et al.


• For Appellees:
  
• Charles J. McKee, Monterey County Counsel, Patrick I. McGreal, Deputy County Counsel, for Defendants/Respondents, The County of Monterey et al.