Santa Clara Valley Water District v. Olin Corp.

ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFF’S COST RECOVERY CLAIM AND CERTAIN DAMAGES SOUGHT ON ITS NEGLIGENCE CAUSE OF ACTION

[Re Docket No. 90]

Defendant’s Motion for Partial Summary Judgment on Plaintiffs Cost Recovery Claim and Negligence Cause of Action came on for hearing before the court on May 22, 2009. In this motion, defendant seeks: (1) summary adjudication that plaintiffs “recharge costs” are not recoverable under CERCLA or any other asserted cause of action; and (2) summary judgment on plaintiffs negligence cause of action including a determination that plaintiff cannot recover its attorney’s fees and litigation expenses incurred in defending against third party actions.

Having considered the papers submitted by the parties and the arguments of counsel at oral argument, and for good cause appearing for the reasons set forth below, summary judgment is granted in favor of defendant on plaintiffs claim for recharge costs on all causes of action and for attorney’s fees and costs on plaintiffs tort of another theory on its negligence claim. The motion is otherwise denied without prejudice on plaintiffs negligence claim.

I.…