SUBPOENAS ISSUED TO SCHOOL DISTRICTS AND COUNTY OFFICES OF EDUCATION IN THE CASE OF COUNTY OF SANTA CLARA, ET. AL. V. ATLANTIC RICHFIELD COMPANY

July 2011
Number 15

School districts and county offices of education across the state have recently begun to receive subpoenas from litigants in the case of County of Santa Clara, et. al. v. Atlantic Richfield Company. The lawsuit was filed by a number of cities and counties against the manufacturers of lead paint. The suit alleges that the presence of lead paint on or near buildings in these communities is a public nuisance and that the manufacturers who created and marketed the paint have a responsibility to abate it.

In order to build their case and identify affected sites, the defendants have issued broad and far-reaching subpoenas to school districts and other public agencies across the state. The subpoenas essentially request the production of any and all documents that pertain to the presence of lead paint at any of the agency’s facilities, both currently and in the past.

Many of our clients have contacted us regarding these subpoenas. Because the subpoenas issued to each of our clients are nearly identical and because they raise the same issues and concerns, we have been negotiating with the defendants regarding the scope of the subpoenas and are coordinating responses. If you have received a subpoena in this case and have any questions or would like our assistance, please contact attorney Thomas R. Manniello at (831) 646-1501 or by email at tmanniello@lozanosmith.com

To learn more about Lozano Smith or obtain additional information, please do not hesitate to contact one of our eight offices located statewide or consult our website.

© 2011 Lozano Smith

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