Toxic Injuries Corp. v. Safety-Kleen Corp.

ORDER GRANTING PLAINTIFF’S MOTION TO REMAND ACTION TO THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES AND REMANDING ACTION TO THE SUPERIOR COURT; DENYING PLAINTIFF’S MOTION FOR AN AWARD OF JUST COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES, INCURRED DUE TO REMOVAL; GRANTING PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO REMAND; DENYING DEFENDANTS’ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED OR IN THE ALTERNATIVE MOTION TO STRIKE AS MOOT; DENYING PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO MOTION TO DISMISS AS MOOT

I. Background

A. Factual Summary

Plaintiff Toxic Injuries Corporation (“Plaintiff’) brings this action against Defendants Safety-Kleen Corporation and Laidlaw Environmental Services, Inc. (collectively, “Defendants”) for violations of the Safety Drinking Water and Toxic Enforcement Act ( Cal. Health & Safety Code § 25249.6 ), violations of the Unfair Competition Act (Cal.Bus. & Prof.Code § 17200 et seq.) and declaratory relief.

Plaintiff provides the following summary of Safe Drinking Water and Toxic Enforcement Act in its Complaint:

In November 1986, California…