Hellman

MEMORANDUM AND ORDER RE: MOTION TO DISMISS

Based on contamination discovered on its commercial property, plaintiff Adobe Lumber, Inc. filed suit against defendants, alleging violations of the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 -6992k (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601-9675 (“CERCLA”), and California state law. Defendants, in various groupings, move to dismiss the complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).

I. Factual and Procedural Background

Plaintiff purchased the Woodland Shopping Center (“the Center”) located at 120 Main St., Woodland, Ca, in 1998. (First Am. Compl. ¶¶ 3, 22.) At that time, defendants Harold and Geraldine Taecker operated a dry cleaning business in Suite K, a location they began leasing for that purpose in 1974. (Id. ¶¶ 4, 19.) Plaintiff continued to lease this space to the Taeckers through October 2001. (Id. ¶ 22.)

From 1974 until plaintiffs purchase in 1998, various parties, including the trustees of the trusts created by the Estate of Marco Heilman, the estate itself, the Woodland Shopping Center (“WSC”)…