Carson Harbor Village, Ltd. v. County of Los Angeles

Plaintiff Carson Harbor Village, Ltd. (Carson Harbor) appeals the district court’s grant of summary judgment for Defendant Unocal Corporation (Unocal) denying Carson Harbor recovery of cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq. Carson Harbor argues there are genuine issues of material fact regarding whether it substantially complied' with the National Oil and Hazardous Substances Pollution Contingency Plan (National Contingency Plan). Carson Harbor also appeals the district court’s exclusion of proffered documentary evidence, arguing that it was properly authenticated and that the district court abused its discretion in not considering late-filed declarations.

The district court had jurisdiction pursuant to 42 U.S.C. § 9613 . We exercise jurisdiction under 28 U.S.C. § 1291 and affirm summary judgment for Unocal.

I. BACKGROUND

A. Facts

Carson Harbor is a limited partnership owned by James Goldstein and his corporation, Goldstein Properties, Inc., of which he is the sole shareholder and president. Carson Harbor has owned the Carson Harbor Village Mobile Home Park (the Property) in Carson,…