Walnut Creek Manor, LLC v. Mayhew Center, LLC

ORDER GRANTING IN PART WALNUT CREEK MANOR’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING IN PART MAYHEW CENTER’S AND DUNIVAN’S MOTION FOR PARTIAL SUMMARY JUDGMENT

This case presents competing claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Plaintiff Walnut Creek Man- or (WCM) filed a motion for partial summary judgment. Defendants Mayhew Center (MC) and Dean Dunivan oppose the motion and filed a cross-motion for partial summary judgment. The motions were heard on March 19, 2009. Having considered all of the parties’ papers and argument on the motions, the Court hereby grants Plaintiffs motion in part and grants Defendants’ motion in part.

BACKGROUND

This case involves a dispute between two adjacent landowners, Walnut Creek Manor (WCM) and Mayhew Center (MC), over the source of soil and groundwater contaminated by tetrachlorethylene (PCE). In operation since 1964, WCM is a seniors-only residential apartment complex with approximately 420 units. Eberle Decl. ¶¶ 4-5. Before that time, the site was a walnut orchard. Id. Bordering WCM to the east, lies MC, which was first developed in the 1970s as part of an industrial development…