TENTATIVE RULING ON PEOPLE'S (BUTTE COUNTY DISTRICT ATTORNEY)
MOTION TO REMAND ACTION TO BUTTE COUNTY AND SEVER TRIAL FROM THE
COORDINATED CASES
The People, representing Butte County, have filed a motion, entitled "Motion to Transfer Venue," seeking to sever its action against defendant Department of Water Resources (DWR) from the other coordinated cases relating to the Oroville Dam flooding that occurred in February of 2017. Originally, the People (i.e., the Butte County District Attorney, hereafter referred to for convenience as Butte County DA) had filed its action against DWR for alleged violation of Fish and Game Code Section 5650. Fish and Game Code Section 5650 provides for civil penalties to be imposed, in strict liability, for discharging "deleterious material" into the state's waterways.
Butte County DA's action was one of many filed following the collapse of the Oroville Dam spillway. DWR eventually moved under Code of Civil Procedure, section 404.1, to
Hearing Date
June 16, 2020
Category
Civil - Unlimited
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TENTATIVE RULING ON PEOPLE'S (BUTTE COUNTY DISTRICT ATTORNEY)
MOTION TO REMAND ACTION TO BUTTE COUNTY AND SEVER TRIAL FROM THE
COORDINATED CASES
The People, representing Butte County, have filed a motion, entitled "Motion to Transfer Venue," seeking to sever its action against defendant Department of Water Resources (DWR) from the other coordinated cases relating to the Oroville Dam flooding that occurred in February of 2017. Originally, the People (i.e., the Butte County District Attorney, hereafter referred to for convenience as Butte County DA) had filed its action against DWR for alleged violation of Fish and Game Code Section 5650. Fish and Game Code Section 5650 provides for civil penalties to be imposed, in strict liability, for discharging "deleterious material" into the state's waterways.
Butte County DA's action was one of many filed following the collapse of the Oroville Dam spillway. DWR eventually moved under Code of Civil Procedure, section 404.1, to