Tropea McMillan Obtains Summary Judgment in $30M+ Class Action Lawsuits Filed Against the City of Fresno
On December 27, 2022, the Fresno County Superior Court entered final judgment in favor of the City of Fresno in two consolidated class action lawsuits, Micheli, et al. v. The City of Fresno, Lead Case No. 16CECG02937 and Flannery, et al. v. The City of Fresno, Consolidated Case No. 17CECG01724. The plaintiffs sought over $30 million in damages on behalf of themselves and hundreds of Fresno homeowners, claiming the City of Fresno’s public drinking water supply caused discolored water and corrosion of their residential plumbing systems.
The trial court granted the City of Fresno’s motion for summary judgment on the grounds that plaintiffs failed to meet their burden to show their alleged injuries are within the zone of protected interests contemplated by the legislature under the California Safe Drinking Water Act, Health & Safety Code § 116270 et seq., and that insufficient evidence was presented to create a triable issue as to breach of a mandatory duty or causation, as required to establish liability under Government Code § 815.6.
The case was handled by Matthew McMillan. The Micheli and Flannery actions were filed by six separate plaintiffs’ law firms.
Brandon Vegter Joins Tropea McMillan
Tropea McMillan is pleased to announce that Brandon Vegter has joined the firm as a Senior Associate. Brandon will work in the firm’s environmental and construction defect practices. Brandon graduated from Princeton University with a Bachelor of Arts degree in Politics. Mr. Vegter obtained his Juris Doctor from the University of San Diego School of Law. As a litigation specialist, Brandon understands the nuances associated with trial work, pre-trial preparation, and persuasive advocacy. We’re excited to see Brandon apply his experience and education to our firm.