9201 SAN LEANDRO LLC v. Precision Castparts Corp.
Opinion
Opinion
Laporte, J.
ORDER GRANTING IN PART AND DENYING IN PART WITH LEAVE TO AMEND DEFENDANT’S MOTION TO DISMISS AND CONTINUING CASE MANAGEMENT CONFERENCE
On August 23, 2007, Plaintiff 9201 San Leandro LLC filed this action against Defendants Precision Castparts Corporation, PCC Flow Technologies Holdings, Inc., Sulzer Pumps (US), Inc., and Groundfos CBS, Inc. seeking relief under CERCLA and the California Hazardous Substance Account Act, and for state law claims of nuisance, trespass and breach of contract. Pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendants Precision Castparts and PCC Flow Technologies Holdings (“Defendants”) filed a motion to dismiss Plaintiffs CERCLA and Superfund claims, arguing that these statutes exclude petroleum and its constituents from the definition of hazardous substances, and Plaintiffs trespass claim, arguing that a former owner cannot by definition be liable for trespass onto what was its own property. Plaintiff opposed the motion and Defendants filed a reply. The Court held a hearing on January 8, 2008.
BACKGROUND
In 1995, Paco Pumps, a company acquired by Defendant PCC Flow Technologies in 1994, sold property at 9201 San Leandro Street in Oakland to…