Gilroy Canning Co. v. CALIFORNIA CANNERS AND GROW.

Good Law
15 F. Supp. 2d 943·1998 WL 433882·29 Envtl. L. Rep. (Envtl. Law Inst.) 20217·1998 U.S. Dist. LEXIS 11808
United States District Court, Northern District of CaliforniaJuly 21, 1998C 97-20035 PVTCalifornia1,822 words

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…

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