California Department of Toxic Substances Control v. Payless Cleaners

ORDER

Ramona W. Peters and Richard A. Peters (the “Peters”), individually and as trustees of the Peters Family Trust, bring claims for indemnity and contribution pursuant to CERCLA, 42 U.S.C. §§ 9601 et seq., as well various state law based claims against third-party defendant Maytag Corporation (“Maytag”). This matter is before the court on Maytag’s motion to dismiss the Peters’ Second Amended Third-Party Complaint. I decide the motion based on the papers and pleadings filed herein and after oral argument.

I.

BACKGROUND

This action arises out of a two-mile wide perchloroethylene (“PCE”) “plume” located south of the central business district of Chico, California. On October 31, 2002, the California Department of Toxic Substances Control (“DTSC”) filed a cost recovery action against various individuals and companies alleging rights under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq. and state law based claims. The DTSC named several dry cleaning businesses as well as the property owners of the sites where those businesses operated upon its belief that the PCE emanated from those businesses. Among the defendants are…