Gilroy Canning Co. v. CALIFORNIA CANNERS AND GROW.
Opinion
Opinion
Trumbull, J.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
The parties appeared before Magistrate Judge Trumbull at 10:00 a.m. on July 7, 1998 for hearing on Defendant’s motion for summary judgment or, in the alternative, partial summary judgment. Based upon the arguments and briefs presented, the court DENIES Defendant’s motion.
I. Factual And Procedural Background
Gilroy Canning Company, Inc. (“GCC”) brings a sole cause of action against California Canners and Growers (“Cal Can”) under the Resource, Conservation and Recovery Act (RCRA) pursuant to RCRA § 7002(a)(1)(B). Cal Can owned the property located at 1 Lewis Street in Gilroy, California (the “Site”) from 1965 to 1983, during which it operated a food cannery. In July, 1983, Cal Can filed for bankruptcy under Title 11, Chapter 7 of the United States Bankruptcy Code.
In July, 1983, Custom Food Machinery (“CFM”) purchased the Site from Cal Can. The Asset Purchase Agreement between Cal Can and CFM contained an “as is” clause. CFM subsequently leased the Site to GCC, and GCC purchased the Site in 1984.
In January, 1994, the California Regional Water Quality Control Board, Central Coast Region (“CRWQCB”) issued Cleanup and…