Gogadze

INTRODUCTION

Appellant Tamazi Gogadze purchased an industrial property at a tax sale in 2019. Gogadze found that he could not get title insurance for the property, in part because the California Department of Toxic Substances Control (DTSC) held a lien, imposed in 2013, for costs associated with cleanup of the property. Gogadze alleged that when he contacted DTSC to clear the lien, DTSC told him that he was required to enter into an operation and maintenance agreement relating to soil contamination and potential groundwater contamination. Gogadze refused. In December 2020, DTSC issued an order requiring Gogadze to prepare an operation and maintenance plan, monitor groundwater, and record certain deed restrictions; the order also stated that Gogadze would be liable for certain related costs. Gogadze sued DTSC and a DTSC employee, Patrick Movlay, alleging that DTSC’s refusal to clear the lien prevented Gogadze from obtaining a clear title, which prevented him from selling the property to several interested buyers. Gogadze also alleged that Movlay told two interested buyers that any future owner of the property must enter into an operation and maintenance agreement with DTSC and pay…