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.
Filed October 28, 2009
Opinion by Judge Premo
For Appellant: Sullivan Hill Lewin Rez & Engel, Brian L. Burchett; Law Offices of Richard H. Rosenthal, Richard H. Rosenthal; Selden Law Firm, Lynde Selden, II