Macasa v. Dole Food Co. CA2/2

Filed 3/27/14 Macasa v. Dole Food Co. CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

ROQUE GARCIA MACASA, JR., et al., B245138

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC467134) v.

DOLE FOOD COMPANY, INC., et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County. Jane L. Johnson, Judge. Affirmed. Edelberg & Espina and Claire N. Espina for Plaintiffs and Appellants. Gibson, Dunn & Crutcher and Andrea E. Neuman, Thomas A. Manakides, Theodore J. Boutrous, Jr. and William E. Thomson for Defendants and Respondents Dole Food Company, Inc., Dole Fresh Fruit Company, Standard Fruit Company, and Standard Fruit and Steamship Company. Hinshaw & Culbertson and Frederick J. Ufkes for Defendant and Respondent Del Monte Fresh Produce N.A., Inc. Filice & Kayhan, Gennaro A. Filice III and Paul R. Johnson for Defendant and Respondent The Dow Chemical Company. Steptoe & Johnson, Lawrence P. Riff and Jason Levin for Defendants and Respondents Shell Oil Company, Shell Chemical LP, and Shell Agricultural Chemical Co.

Barg Coffin Lewis & Trapp, Stephen C. Lewis, Donald Sobelman, and Christopher D. Jensen for Defendant and Respondent Occidental Chemical Corporation. _____________________________ Plaintiffs and appellants Roque Garcia Macasa, Jr., et al. (plaintiffs) appeal from the judgment of dismissal entered after the trial court sustained, without leave to amend, demurrers filed by defendants and respondents Dole Food Company, Inc., Dole Fresh Fruit Company, Standard Fruit Company, Standard Fruit and Steamship Company (collectively, Dole) and by Del Monte Fresh Produce N.A., Inc., Shell Oil Company, Shell Chemical LP, Shell Agricultural Chemical Co., The Dow Chemical Company, and Occidental Chemical Corporation (collectively, with Dole, defendants) to the first amended complaint. We affirm the judgment. BACKGROUND Plaintiffs are 2,936 Philippine residents who claim they sustained injury as the result of exposure to the pesticide dibromochloropropane (DBCP) in the 1970’s and early 1980’s while working in and around banana farms in the Philippines. Defendants manufactured, distributed, sold, or used DBCP products that allegedly caused plaintiffs’ injuries. The 1998 Philippine action On October 10, 1998, the Davao Banana Plantation Workers Association of Tiburcia, Inc. (DBPWATI) filed an action against defendants in the Philippines, alleging that DBPWATI’s 20,981 members were rendered sterile as a result of defendants’ negligence in the production and use of DBCP (the Philippine action). DBPWATI alleged that its “members were exposed to DBCP, in the 1970’s up to early 1980’s” while working on or near banana farms operated by Dole and others. On March 13, 2000, DBPWATI filed a second amended complaint that contained virtually identical factual allegations but increased the number of plaintiffs to 34,868. Several defendants moved to dismiss the original and amended complaints on the ground that they were improperly served, depriving the court of personal jurisdiction. The Philippine Regional Trial Court denied the motions to dismiss.