Vickers
Vickers v. Wilson CA2/6
Opinion
Opinion
Yegan, J.
facts justifying its late discovery of the causes of action against respondents. CVI contends the trial court erred because its Doe amendments "relate back" to the date its original complaint was filed. (Code Civ. Proc., § 447.)1 We affirm. Facts Appellant's original complaint alleged that, before 2005, Phyllis Madonna owned Tract 1259 in San Luis Obispo County. Four pipelines, used to transport oil and oil products, ran across Tract 1259. These pipelines were owned, operated and maintained by various oil companies. In 1981, an employee of Madonna's struck a pipeline owned by Unocal with a backhoe, causing an oil spill. Madonna and Unocal did not clean up the spill or its after effects, resulting in soil and groundwater contamination. Other pipelines owned by other companies may also have leaked or discharged oil on the property. Madonna knew about the contamination when she hired respondents in 2004 "to act as her realtor/broker to sell Tract 1259." Although she had a duty to disclose environmental hazards and other defects affecting the property, "Madonna and her employees or agents failed to disclose" to ALV the existence of the pipelines, the 1981 spill, or the…