1 As a direct and proximate result of the defects previously described, fossil fuel 2 products caused and will continue to cause Plaintiff to sustain the injuries and damages set forth 3 in this Complaint, including economic loss, damage to natural resources held in the public trust, 4 deprivation of the right to use fishing privileges, and the creation and maintenance of a nuisance 5 that interferes with the rights of Plaintiff and commercial fishery-dependent communities along 6 the west coast. 7 8 9 10 11 202. Defendants’ acts and omissions as alleged herein are indivisible causes of Plaintiff’s injuries and damages as alleged herein. 203. Plaintiff is entitled to recover damages and other appropriate relief for the foregoing failure to warn of product defects. 204. Wherefore, Plaintiff prays for relief as set forth below. 12 THIRD CAUSE OF ACTION 13 (Strict Liability – Design Defect) 14 (Against All Defendants) 15 16 17 205. Plaintiff incorporates by reference each and every allegation contained above, as though set forth herein in full. 206. Defendants, and each of them, extracted raw fossil fuel products, including crude 18 oil, coal, and natural gas from the earth and placed those fossil fuel products into the stream of 19 commerce. 20 207. Defendants, and each of them, extracted, refined, formulated, designed, packaged, 21 distributed, tested, constructed, fabricated, analyzed, recommended, merchandised, advertised, 22 promoted and/or sold fossil fuel products, which were intended by Defendants, and each of them, 23 to be burned for energy, refined into petrochemicals, and refined and/or incorporated into 24 petrochemical products including but not limited to fuels and plastics. 25 SHER EDLING LLP 201. 208. Defendants, and each of them, heavily marketed, promoted, and advertised fossil 26 fuel products and their derivatives, which were sold or used by their respective affiliates and 27 subsidiaries. Defendants’ received direct financial benefit from their affiliates’ and subsidiaries’ 28 sales of fossil fuel products. Defendants role as promoter and marketer was integral to their COMPLAINT 82