Hellman

Adobe Lumber, Inc. v. Hellman

Good Law
658 F. Supp. 2d 1188·2009 WL 2913415·39 Envtl. L. Rep. (Envtl. Law Inst.) 20210·70 ERC (BNA) 1943·2009 U.S. Dist. LEXIS 81319
United States District Court, Eastern District of CaliforniaSeptember 8, 2009CIV. 05-1510 WBS EFBCalifornia9,772 words

Opinion

Opinion

Shubb, J.

MEMORANDUM AND ORDER RE: MOTION FOR PARTIAL SUMMARY JUDGMENT

Plaintiff Adobe Lumber Inc. brought this action against several defendants for cost recovery, declaratory relief, contribution, indemnity, nuisance, and trespass pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601-9675 ; the Hazardous Substance Account Act (“HSAA”), Cal. Health & Safety Code §§ 25300-25395 ; and California common law. Defendant City of Woodland (“City”) now moves for partial summary judgment on plaintiffs CERCLA and HSAA claims pursuant to Rule 56 of the Federal Rules of Civil Procedure.

I. Factual and Procedural Background

In 1998, plaintiff purchased four parcels of land in Woodland, California, and on one of these parcels sits a commercial building and parking lot known as the Woodland Shopping Center. (See Riemann Decl. (Docket No. 356) ¶¶ 2-3.) Between 1974 and 2001, Suite K of the Woodland Shopping Center housed a dry cleaning business called “Sunshine Cleaners,” which was operated by defendants Harold and Geraldine Taecker. (Pearlman Decl. Ex. H (“Taeckers’ Resp. Req. Admis.”) No. 2.)

Suite K of the Woodland Shopping Center is…

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