Manzetti

By filing a second petition for a writ of mandate following summary denial of a prior identical petition, Emil E. “Chuck” Manzetti and Aleo Cad Nickel Plating Corporation ask this court to again review and consider the disposition of a motion to compel access to real property to conduct an inspection pursuant to Code of Civil Procedure section 2031, subdivision (a)(3). We issued an order to show cause why sanctions should not be imposed for filing of the second petition pursuant to sections 907 and 1109 and California Rules of Court, rules 26 and 135.

After a duly noticed order to show cause hearing, we now conclude that sanctions are justified.

Factual Background

The underlying case involves the sale of an electroplating business by Glenn Fitzgerald, Sr., Glenn Fitzgerald, Jr., and Aleo Plating Corporation et al. (collectively Fitzgerald), to Emil E. “Chuck” Manzetti and a lease by Fitzgerald to Manzetti and his corporation, Aleo Cad Nickel Plating Corporation (collectively Manzetti), of Fitzgerald’s plating facility. After Manzetti took possession of the facility, he discovered it was contaminated with hazardous waste materials. Environmental laws and regulations…