California Court of Appeal

In a suit brought by a Water District alleging claims under the Carpenter-Presley-Tanner Hazardous Substances Account Act (HSAA), Health & Saf. Code sections 25300 et seq., and the Orange County Water District Act (OCWD Act), West's Ann. Wat. Code App. (2016 ed.) ch. 40), and for declaratory relief, Code Civ. Proc. section 1060, and summary adjudication of the District's common law claims for negligence, nuisance, and trespass, the trial court's judgment in favor of defendant is affirmed where: 1) although the trial court may have used an incorrect causation standard under the HSAA, any such error was harmless in light of the trial court's factual findings, which the District does not challenge and which foreclose the District's claim under the correct causation standard; 2) the trial court did not abuse its discretion under Code of Civil Procedure section 1048 by adhering to California's longstanding 'equity first' rule and holding a bench trial on the District's equitable claims before scheduling a jury trial on the District's legal claims; and 3) the District's remaining contentions are similarly unavailing because the District has not established any prejudicial error in the court's declaratory judgment or its application of Evidence Code section 412.

Appellate Information

• Published 2017/06/01

Judges

• HALLER

Court

• California Court of Appeal

Counsel