Resolution Trust Corp. v. Rossmoor Corp.
Opinion
Opinion
Wallin, J.
Resolution Trust Corporation, the receiver for HomeFed Bank, F.S.B., and 405 Hotel Associates appeal the judgment of nonsuit entered against them by the trial court, contending they established sufficient proof of their causes of action for nuisance, trespass, and negligence against Rossmoor Corporation and LHC Associates. We affirm.
In July 1972, Rossmoor ground leased property it had owned for several years to Alona-Rey Homes, which subleased it the same day to Trans-Tech, the owner of a gas station on the property. Sometime that year, a substantial leak was found under a fuel dispenser, which was repaired within the next few months. In 1974, Alona-Rey Homes sued the gas station builder on Trans-Tech’s behalf for construction defects, based on allegedly defective installation of underground piping.
Nicholas Covelli said he first learned of the 1972 gasoline leak in 1976, although he signed an invoice in 1972 relating to the repairs. William March signed interrogatory responses in 1976 that referred to the 5,000-gallon leak.
In June 1979, Alona-Rey assigned its interest in the ground lease to Trans-Tech. In December 1981 Trans-Tech assigned the ground lease to LHC…