CITY OF BURBANK v. MUELLER CO.
Filed 8/30/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
| NORA ARMENTA ex rel. CITY OF BURBANK et al., Plaintiffs and Appellants, v. MUELLER CO. et al., Defendants and Respondents. | B175530 (Los Angeles County Super. Ct. No. BC173487) |
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DISPOSITION
The order partially revoking the grant of leave to file a second amended complaint is reversed, and the second amended complaint is reinstated with respect to the 47 entities that were the object of the revocation order. The summary judgments are reversed. Plaintiffs are to recover costs on appeal.
CERTIFIED FOR PUBLICATION
SPENCER, P. J.
I concur:
MALLANO, J.
VOGEL, J., Concurring and Dissenting.
I agree that the appeal is timely, and agree that the order revoking Armenta's leave to file her second amended complaint should be reversed, but I disagree with the majority's unsupported conclusion that, on these facts, a parent, grandparent, or great-grandparent corporation can be liable for its subsidiary's alleged violations of the False Claims Act.
A.
James Jones Company, which manufactures and sells waterworks parts for use in municipal drinking water systems, represented in its catalogues and sales literature that all of its products complied with American Water Works Association (AWWA) standards. Under AWWA Standard C-800-89, all materials in contact with potable water must be â€
