California v. Kinder Morgan Energy Partners, L.P.
Opinion
Lead Opinion
Honanello, J.
ORDER AFFIRMING TENTATIVE RULINGS RE: DEFENDANTS’ DAUBERT MOTIONS AND MOTION FOR PARTIAL SUMMARY JUDGMENT
[Doc. Nos. 203, 204, 207, 318]
Plaintiffs People of the State of California and the City of San Diego .(“the City”) and Defendants Kinder > Morgan Energy Partners, L.P., et al. (“Kinder Morgan”) appeared before the Court on Monday, January 25, 2016 at 2:30 p.m. for a hearing on Kinder Morgan’s motion for partial summary judgment and motions to exclude the opinions and testimony of four of the City’s experts. See Doc. Nos. 203, 204, 207, 318. In anticipation of the hearing, the Court issued tentative rulings on the pending motions. For the reasons set forth below, the Court AFFIRMS its tentative rulings.
Introduction
On April 1, 2008, the City filed an amended complaint for remediation of the 166 acres underlying and surrounding Qualcomm Stadium and its adjoining parking lots (“the property”). The City brought a variety of claims against Kinder Morgan, the following which remain to be tried: (1) continuing public nuisance; (2) continuing private nuisance; and (3) continuing trespass. The City is seeking three categories of damages at trial based on its remaining claims,…