Calif. Court Says Lack of Mycotoxin Testing Isn't Fatal to Claims

Napa, Calif. - A California trial court has denied summary judgment to a landlord defendant that argued that plaintiffs would be unable to prove causation because they failed to test for mycotoxins. Kerbs, et al. v. Pacific Union College, No. 26-32844 (Calif. Super. Ct., Napa Cty.).

Napa County Superior Court Judge Francisca P. Tisher, who decided the motion, said in her April 10 tentative ruling that the case relied on by Pacific Union College was fact-specific and "should not be interpreted to mean that without mycotoxin testing, a plaintiff can never prove a mold case without regard to the individual …