Port of Redwood City v. Gibson Environmental Inc.

MEMORANDUM *

The Port of Redwood City had to engage in an environmental cleanup after its tenant abandoned a leased facility on Port property, leaving millions of gallons of hazardous waste at the site. The Port sued Shell Oil Company, which had transported some hazardous wastes to the site. Shell prevailed in the district court, the Port appeals, and we affirm.

1. The Port argues that the district court improperly denied its motion for summary judgment on its state-law claim for negligence per se. This claim then went to the jury, which found in Shell’s favor. The denial of a motion for summary judgment on a claim ordinarily is not reviewable on appeal from a final judgment entered after a trial on the merits of the claim. Locricchio v. Legal Servs. Corp., 833 F.2d 1352, 1359 (9th Cir.1987). Where, as here, the district court earlier held that there was a disputed issue of fact for trial, and trial occurred, we “will not engage in the pointless academic exercise of deciding whether a factual issue was disputed after it has been decided.” Banuelos v. Constr. Laborers’ Trust Funds for S. Cal., 382 F.3d 897, 903 (9th Cir.2004).

2. Substantial evidence supports the jury’s verdict…