California Department of Toxic Substances Control v. Alco Pacific, Inc.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO STRIKE DEFENSES PLEADED IN VARIOUS DEFENDANTS’ ANSWERS, DEFENDANT J.L. SHEPHERD AND ASSOCIATES’ JURY DEMAND, AND DEFENDANTS’ REQUESTS FOR ATTORNEYS’ FEES

This is a cost recovery action brought by the State of California, Department of Toxic Substances Control, pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (“CERC-LA”). The State seeks reimbursement of the costs it has incurred cleaning the site of a former lead processing facility in Carson, California, as well as a declaration that it is entitled to recoup any costs it may incur in the future. Eleven defendants have answered the complaint; the State now moves to strike various affirmative defenses asserted by eight of the eleven on the grounds that the defenses pled are unavailable under the governing statutory framework. The State also seeks to have the jury demand made by defendant J.L. Shepherd and Associates stricken on the basis that there is no statutory or constitutional right to jury trial in a CERCLA case. With the exceptions discussed infra, the court concludes that the challenged defenses are insufficient as a matter of law. It…