AMCAL Multi-Housing, Inc. v. Pacific Clay Products

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS WITH LEAVE TO AMEND

This case concerns the liabilities of a potentially responsible party (“PRP”) under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) for hazardous waste it voluntarily cleans up, as well as the extent which the PRP can then recoup such cleanup costs from other parties who are, in whole or in part, responsible for the presence of that waste on the property.

Plaintiffs AMCAL Multi-Housing, Inc., AMCAL General Contractors, Inc., AM-CAL Diversified Corporation, AMCAL Enterprises, Inc., AMCAL Tesoro Del Valle Fund, L.P., Camino Al Oro Fund, L.P., and Avenue 26 Condominiums, LLC (collectively “AMCAL entities”) are the owners of property located at Avenue 26 and Humboldt Street in Los Angeles, California.

The complaint alleges Pacific Clay Products (“Pacific Clay”) “owned and operated a clay product and/or ceramic manufacturing facility on” the same parcel of property “from 1923 to 1953.” (ComplJ9). It is further alleged that Pacific Clay is the successor in interest “to certain corporations and other entities whom owned and/or operated the facility on the property during the period of…