Team Enterprises, LLC v. Western Investment Real Estate Trust

ORDER ON MULTIMATIC’S MOTION FOR JUDGMENT ON PLEADINGS

(Doc. 288.)

INTRODUCTION

Defendant dry cleaning machine manufacturers Multimatic Corporation, Multimatic LLC, and The Kirrberg Corporation (collectively “Multimatic”) seek F.R.Civ.P. 12(c) judgment on plaintiff Team Enterprises, LLC (“Team’s”) hazardous substances clean up contribution claims on grounds that Team’s operative Third Amended Complaint (“TAC”) lacks allegations to render Multimatic liable under federal and state law, including the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601 , et seq., and the Hazardous Substance Account Act (“HSAA”), California Health & Safety Code, §§ 25300-25395.45. Team responds that it “has sufficiently pled facts (or can plead additional facts) to constitute a plausible basis for liability.” This Court considered Multimatic’s motion for judgment on pleadings on the record without a hearing. For the reasons discussed below, this Court GRANTS Multimatic judgment on the pleadings on Team’s claims against Multimatic.

BACKGROUND

Summary

Team is a New Mexico limited liability company. Since March 1980, Team has leased a portion of a…