Diamant

MEMORANDUM **

Lawrence Diamant, the bankruptcy trustee for National Steel and Tube Distributors, Inc. (hereafter “National Steel” for convenience), appeals the summary judgment in favor of Johnson Controls, Inc., on claims for breach of contract and tort leveled by the former against the latter. We affirm.

(1) To the extent that National Steel asserts that Johnson Controls, or its predecessors, had polluted the soil of the property in question with solvents or lead, we agree with the district court that there was no evidence that there was solvent or lead pollution of the soil. Also, National Steel had a contractual duty to investigate, purchased the property as is, and produced no evidence that Johnson Controls concealed known or constructively known soil pollution from it. Thus, Johnson Controls did not breach the contract in that respect. See Loughrin v. Superior Court, 15 Cal.App.4th 1188, 1195-96 , 19 Cal.Rptr.2d 161, 164-65 (1993); Shapiro v. Hu, 188 Cal.App.3d 324, 333-34 , 233 Cal.Rptr. 470, 475-76 (1986). By the same token, Johnson Controls committed no tort with regard to solvent or lead pollution. See Shapiro, 188 Cal.App.3d at 333-34 , 233 Cal.Rptr. at 475-76 ; see…