Advanced Micro Devices, Inc. v. National Semiconductor Corp.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

Defendant and counter-claimant National Semiconductor and defendant United Technologies Corporation’s (“defendants”) motion for partial summary judgment was heard on January 29, 1999. The court has read the moving and responding papers and heard the argument of counsel. For the reasons set forth below, the court grants the motion in part and denies it in part. Summary judgment is granted as to the fourth, fifth, seventh, eighth and eleventh causes of action. Summary judgment is denied as to the first and third causes of action.

I. BACKGROUND

In 1982, plaintiff Advanced Micro Devices, Inc (“AMD”) initiated subsurface investigations at its manufacturing facility at 1165 Arques Avenue, Sunnyvale, California (the “Site”) as a result of suspicions of leakage from underground chemical solvent storage tanks and from chemical handling and storage areas. Declaration of Malinda Alison in Support of Defendants’ Motion for Partial Summary Judgment (“Alison Deck”), Ex. A at 4. That year, a number of monitoring wells were drilled, and tests detected volatile organic compounds, principally in the ground…