Newhall Land & Farming Co. v. SUPERIOR COURT OF FRESNO CTY.
Opinion
Opinion
Franson, J.
Statement of the Case
Petitioner, Newhall Land and Farming Company (Newhall), seeks review of an order sustaining a demurrer without leave to amend to three of its causes of action against real parties in interest, Amerada Hess Corporation and Amerada Petroleum Corporation (collectively Amerada) and Mobil Oil Corporation (sued as Socony Mobil Company) and Mobil Exploration and Producing, U.S. Inc. (collectively Mobil). Although rulings on pleadings are not generally reviewed by way of a writ petition, this court has determined such review is appropriate here because the issue tendered is of widespread interest. (Cf. Omaha Indemnity Co. v. Superior Court (1989) 209 Cal.App.3d 1266, 1273 [ 258 Cal.Rptr. 66 ].)
Newhall is the current owner of real property which was previously the site of a natural gas processing plant. Newhall filed an action against Amerada and Mobil to recover damages stemming from the contamination of the soil and groundwater which occurred while Amerada and Mobil were operating this gas plant between 1950 and 1970. Newhall purchased the property in 1984.
The first amended complaint purports to state causes of action for continuing nuisance,…