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SYNGENTA v. PAUL ( Part VI )

SYNGENTA v. PAUL ( Part VI )
05:16:2006

SYNGENTA v. PAUL








Filed 4/25/06 Opinion on rehearing






CERTIFIED FOR PUBLICATION




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA






SECOND APPELLATE DISTRICT






DIVISION THREE

















SYNGENTA CROP PROTECTION, INC.,


Plaintiff and Appellant,


v.


PAUL E. HELLIKER, as Director, etc.,


Defendant and Appellant;


GUSTAFSON LLC,


Real Party in Interest and Appellant.



B175450


(Los Angeles County


Super. Ct. No. BC253673)



DOW AGROSCIENCES LLC,


Plaintiff and Appellant,


v.


PAUL E. HELLIKER, as Director, etc.,


Defendant and Appellant.



B175450


(Los Angeles County


Super. Ct. No. BS078342)



APPEALS from a judgment of the Superior Court of Los Angeles County, Dzintra I. Janavs and Gregory C. O'Brien, Judges. Affirmed in part as modified, and reversed in part with directions.


McKenna Long & Aldridge, Stanley W. Landfair, Joseph F. Butler, Robert S. Schuda, Shannon L. Fagan, Michael J. Stiles and Eric S.C. Lindstrom for Plaintiffs and Appellants.


Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Mary E. Hackenbracht, Assistant Attorney General, William S. Abbey and Todd A. Valdes, Deputy Attorneys General, for Defendant and Appellant.


Murchison & Cumming, Edmund G. Farrell III, Gina E. Och; Kessler & Collins, Gary S. Kessler and Daniel P. Callahan for Real Party in Interest and Appellant.


Continue from Part V …….


Former Food and Agricultural Code section 12811.5 was enacted in 1996 (Stats. 1996, ch. 435, § 7, p. 2740) and became effective on January 1, 1997. (Gov. Code, § 9600, subd. (a).) Former section 12811.5 provided no basis for a reasonable investment-backed expectation of confidentiality as to data submitted before its effective date. (Ruckelshaus v. Monsanto Co., supra, 467 U.S. at pp. 1008-1010.) Former section 12811.5 prohibited the Department from considering without consent only data previously submitted â€





Description A decision regarding trade secret and taking " applications for the original registration of other pesticides containing metalaxyl and oryzalin, or for an amendment adding a new use to a registration, have not established a taking" .
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