Randtron

In this consolidated appeal, defendant Randtron, a dissolved corporation, appeals from the summary judgment and mandatory injunction issued in favor of plaintiff, the “People of the State of California.” However, since the City of Lodi has no authority to act in the name of the People, we shall refer to plaintiff as the City of Lodi (hereafter the City).

The injunction requires Randtron to comply with an administrative order directing it to abate an environmental nuisance on property it formerly owned and operated and to reimburse the City for all abatement and adjudication costs incurred by the City in connection with the cleanup of hazardous substances on the property. The order was issued pursuant to a city ordinance, entitled the Comprehensive Municipal Environmental Response and Liability Ordinance (MERLO) (Lodi Mun. Code, ch. 8.24), which authorizes the City to investigate and remediate the contamination of its soil and groundwater.

On appeal, Randtron contends the administrative abatement order is void and unenforceable because it was issued pursuant to MERLO, which is preempted by the state Carpenter-Presley-Tanner Hazardous Substance Account Act (HSAA) (Health…