Mangini

Mangini v. Aerojet-General Corp.

Caution
1991 Cal. App. LEXIS 568·230 Cal. App. 3d 1125·281 Cal. Rptr. 827·91 Daily Journal DAR 6544·21 Envtl. L. Rep. (Envtl. Law Inst.) 21429
Court of Appeal of CaliforniaMay 30, 1991C004771California11,238 words

Opinion

Opinion

Sims, J.

In this case, we consider a variety of issues arising out of claims by owners of real property against parties who leased the property from prior owners and who allegedly contaminated the property with hazardous waste during the leasehold.

Plaintiffs Catherine Holthouse Mangini and Mark Vernon Holthouse, owners of 2,400 acres of land in Sacramento County, filed suit against Aerojet-General Corporation and its wholly owned subsidiary Cordova Chemical Company (hereafter collectively defendant), lessees of the property before plaintiffs acquired it, for allegedly contaminating the property with hazardous waste. Defendant’s demurrer to the multicount complaint was sustained without leave to amend. Because we conclude some of plaintiffs’ counts should survive demurrer, we shall reverse the judgment of dismissal.

“In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long-settled rules. ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.’ [Citation.] Further, we give the complaint a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.