Capogeannis

In 1984 William and Kathleen Capogeannis bought land from William and Rita Spence. At the time of the purchase the Capogeannises did not know that there were underground fuel storage tanks on the land, or that the tanks had leaked and had contaminated soil and groundwater with petroleum hydrocarbons, but by early December 1987 the Capogeannises were fully aware of the contamination and of their responsibility, as the current landowners, for cleaning it up. In December 1990 the Capogeannises sued the Spences and Tri-Pallet, Inc., a long-term tenant on the land, on several broadly pleaded theories including nuisance, trespass, and a right to indemnification, to recover their cleanup costs and for related damages. Respondent superior court granted the Spences’ motion for summary adjudication that the Capogeannises’ nuisance and trespass theories (among others) were barred by the three-year statute of limitations applicable to “[a]n action for trespass upon or injury to real property.” (Code Civ. Proc., § 338, subd. (b); cf. id. § 437c, subd. (f); City of Emeryville v. Superior Court (1991) 2 Cal.App.4th 21, 25 [ 2 Cal.Rptr.2d 826 ].).

By writ petition (Code Civ. Proc., §…