Consumer Advocacy Group, Inc. v. ExxonMobil Corp.

Opinion

EPSTEIN, P. J.

This appeal arises from a private enforcement action under an initiative measure, the Safe Drinking Water and Toxic Enforcement Act of 1986 (the Act), commonly referred to as “Proposition 65.” The Act is codified in Health and Safety Code section 25249.5 et seq. Plaintiff and appellant Consumer Advocacy Group, Inc. (CAG), appeals from the entry of summary judgment in favor of defendant and respondent ExxonMobil Corporation. The trial court based its judgment on the doctrine of res judicata. Because the issues in this action are not identical to those resolved in the prior…