Sachs

Sachs v. Exxon Co., U.S.A.

Caution
12 Cal. Rptr. 2d 237·1992 Cal. App. LEXIS 1168·9 Cal. App. 4th 1491·92 Daily Journal DAR 13416·92 Cal. Daily Op. Serv. 8198
Court of Appeal of CaliforniaSeptember 30, 1992D013930California2,787 words

Opinion

Opinion

Benke, J.

Introduction

In this case landlords, plaintiffs and appellants Stephanie F. Sachs and Michael B. Sachs, asked their tenants, defendants and respondents Exxon Company, U.S.A. (Exxon), and Texaco Refining & Marketing, Inc. (Texaco), for permission to conduct tests at the gas station which Exxon and Texaco have operated on the Sachses’ property for a number of years. The Sachses advised the oil companies an environmental expert the Sachses have retained believes there is evidence of soil contamination on the property and further investigation is needed.

The oil companies refused to allow the Sachses to conduct the additional tests proposed by the Sachses’ expert. The Sachses’ complaint seeks a declaration of their right to conduct the disputed tests. The oil companies moved for judgment on the pleadings or in the alternative summary judgment.

The trial court granted the oil companies’ motion for summary judgment. We reverse. We reject the oil companies’ argument the Sachses must wait until the end of the lease term before taking any action to assure protection of their interest in their land.

Factual and Procedural Background

1. History of the Tenancy

In 1967 the…

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