American States Insurance v. Sacramento Plating, Inc.
Opinion
Opinion
Shubb, J.
MEMORANDUM AND ORDER
American States Insurance Company (“ASI”) brought this action seeking a declaration that certain ASI comprehensive general liability (“CGL”) policies do not cover clean-up costs resulting from the contamination of soil below a Sacramento metal electroplating facility. The defendants are the property owners and the operators of the facility.
ASI has filed a motion for summary judgment on its claim for declaratory relief and on defendant Arthur LaBour’s counterclaims. Only LaBour, the current property owner, filed a memorandum in opposition to ASI’s motion. Because the court finds that the pollution exclusions contained in ASI’s policies preclude coverage, the motion for summary judgment will be granted.
I. FACTUAL AND PROCEDURAL BACKGROUND
A. The Parties and the Property
The dispute centers on four parcels of property located on “S” Street in Sacramento, California. On one parcel, located at 2809 “S” Street, was an industrial electroplating facility. In 1963, defendants Richard and Arlene Perry (“Perry”) entered into a contract to purchase the property from defendant Alice Kazanjian. In February 1972, title was transferred from Kazanjian to Perry.