Proposition 65 Advisory

San Francisco Superior Court:
Proposition 65 Bounty Hunter Not Entitled To Jury Trial

The San Francisco Superior Court ruled on August 8, 2002 that plaintiffs are not entitled to a jury trial in actions under Proposition 65. The ruling arose from a motion to strike plaintiffs' demand for trial by jury in the Proposition 65 "Gas Station Cases," Communities for a Better Environment v. Tosco Corporation, et al. (San Francisco Super. Ct. Case No. 300595).

Communities for a Better Environment ("CBE") filed this case against numerous petroleum refiners and retailers, alleging that leaks in underground tanks at hundreds of gas stations throughout the State resulted in discharges and releases of benzene and toluene to drinking water. Plaintiffs seek restitution, civil penalties, and injunctive and declaratory relief. A jury trial could make the resolution of these claims on their merits unmanageable. Plaintiffs' sole contention in opposition to the motion to strike was their absolute entitlement to a jury trial on a claim for civil penalties.

The right to a jury trial is determined by the "gist" of the action: if the claims are essentially "legal," then a jury trial must be granted; if the claims are essentially "equitable," then there is no right to a jury trial. CBE argued that the determination and award of civil penalties is an action for recovery of statutory penalties and is thus necessarily an action at law in which plaintiffs are entitled to a jury trial as a matter of right.

Judge Richard A. Kramer rejected this reasoning. The Court concluded that the gravamen of a Proposition 65 action is to stop ongoing violations of its provisions. Consequently, the "gist" of the action is to protect California citizens by invoking equitable remedies. A claim for civil penalties does not convert what is essentially an equitable action into a legal one.

The Court's order is available at www.sftc.org.

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