CAMSI IV v. Hunter Technology Corp.

Hunter Technology Corporation (Hunter) manufactured printed circuit boards on a parcel of real property in Santa Clara County for a period of years ending in 1983. Title to the parcel passed to CAMSI IV, a California general partnership, in May 1985. In December 1988 CAMSI IV sued Hunter, and several other defendants, alleging in pertinent part that in its manufacturing operation Hunter had discharged harmful substances referred to by CAMSI IV as “volatile organic chemicals” (VOCs), including trichloroethene (TCE), into the parcel’s soil and groundwater, that a government agency had ordered the VOCs be cleaned up, and that as a result of the agency’s order CAMSI IV was secondarily liable for the cost of the cleanup and had lost a potential sale of part of the parcel. Hunter’s general demurrers to CAMSI IV’s second amended complaint were sustained without leave to amend. CAMSI IV appeals from the ensuing judgment for Hunter.

We shall conclude that on the face of the second amended complaint CAMSI IV’s claims against Hunter were barred by the applicable statute of limitations, and that neither CAMSI IV nor the record suggests any way in which the complaint could be amended…

By petition for rehearing CAMSI IV asserts for the first time that the trial court abused its discretion by failing to grant it leave to amend to plead theories of continuing nuisance and continuing trespass against Hunter. To explain the apparent inconsistency between this position and counsel’s statement at oral argument that CAMSI IV was not pursuing a nuisance theory against Hunter, CAMSI IV argues that until the Third Appellate District filed its opinion in Mangini v. Aerojet-General Corp., ante, page 1125 [ 281 Cal.Rptr. 827 ] (Mangini), after oral argument in this matter, “no published decision in California . . . had held expressly that a present property owner could sue a former tenant for a nuisance created on the owner’s property” and therefore that Mangini “represents a change in the law.”

In opposition to CAMSI IV’s petition Hunter argues that CAMSI IV cannot amend its complaint to conform to Mangini and that in any event Mangini's statement of pertinent law is incorrect. We need not address these contentions; in any event we deny the petition for two reasons.

*1542 First, a reviewing court need not consider points raised for the first time on petition for…

BAMATTRE-MANOUKIAN, J.

Hunter Technology Corporation (Hunter) manufactured printed circuit boards on a parcel of real property in Santa Clara County for a period of years ending in 1983. Title to the parcel passed to CAMSI IV, a California general partnership, in May 1985. In December 1988 CAMSI IV sued Hunter, and several other defendants, alleging in pertinent part that in its manufacturing operation Hunter had discharged harmful substances referred to by CAMSI IV as "volatile organic chemicals" (VOCs), including trichloroethene (TCE), into the parcel's soil and groundwater, that a government agency had ordered the VOCs be cleaned up, and that as a result of the agency's order CAMSI IV was secondarily liable for the cost of the cleanup and had lost a potential sale of part of the parcel. Hunter's general demurrers to CAMSI IV's second amended complaint were sustained without leave to amend. CAMSI IV appeals from the ensuing judgment for Hunter.

We shall conclude that on the face of the second amended complaint CAMSI IV's claims against Hunter were barred by the applicable statute of limitations, and that neither CAMSI IV nor the record suggests any way in which the…