San Diego Hospice v. County of San Diego

Good Law
1995 Cal. App. LEXIS 47·31 Cal. App. 4th 1048·37 Cal. Rptr. 2d 501·95 Daily Journal DAR 1119·95 Cal. Daily Op. Serv. 665
Court of Appeal of CaliforniaJanuary 24, 1995D018211California3,821 words

Opinion

Opinion

Froehlich, J.

This case again presents the question: when is a comprehensive release enforceable? The San Diego Hospice (Hospice) acquired land formerly owned by the County of San Diego (County), and later discovered the land was contaminated by hazardous materials. Hospice made a claim against County, which claim was settled. The settlement agreement and release contemplated that “[additional pollutants . . . may exist on the site which have not yet been discovered,” but nevertheless released County from all claims “past, present and future, known or unknown, suspected or unsuspected with respect to the site.” However, when a second source of contamination was later discovered, Hospice sought to rescind the release. The trial court rejected that effort, and Hospice appeals.

1. Facts

A. The Property

Between 1880 and 1987 County owned “Vauclain Point” (hereafter the property), and between 1916 and 1920 a hospital was constructed on the property. Sometime around 1929 a high-pressure steam conduit, insulated with asbestos, was built on the property. Also installed on the property was a 2,500-gallon underground storage tank (hereafter the first tank).

The property contained an…

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