Karras
Karras v. Teledyne Industries, Inc.
Opinion
Opinion
Moskowitz, J.
ORDER DENYING MOTION FOR SUMMARY JUDGMENT
Defendants Teledyne Industries and Teledyne Holdings, LLC (collectively, “TDY”) filed this motion for summary judgment on August 23, 2001. For the reasons discussed below, TDY’s motion is DENIED.
I. BACKGROUND
This is an action for recovery of clean up costs under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9601 , et seq. Plaintiffs are Stath Karras, as Trustee of the Chatham Site PRP Group Trust Fund and Stath Karras, as Trustee of the Chatham Site PRP Group RAP Trust Fund (“Plaintiffs” or “Plaintiff trusts”). Plaintiffs initiated suit against various defendants seeking contribution for costs plaintiffs allegedly incurred while investigating and cleaning up contamination at the Chatham Brothers Barrel Yard in Escondido, California.
The material facts are undisputed. In late 1991, the California Department of Toxic Substances Control (“DTSC”) issued a demand to potentially responsible parties (“PRPs”) to reimburse DTSC for almost $8,000,000 in past response costs incurred at the Chatham Site. In 1992, a group of the PRPs (“PRP Group”) entered into an Imminent and Substantial…