City of West Sacramento v. R & L Business Management

Good Law
United States District Court, Eastern District of CaliforniaOctober 22, 20192:18-cv-00900California2,244 words

Opinion

Trial Court Opinion

I. Background

6 This court described much of the factual and procedural 7 background to this lawsuit in its prior orders. (See Docket Nos. 8 18, 33, 44 & 63.) On August 21, 2019, plaintiffs and defendant 9 Judy Guess reached an agreement for the settlement of all claims 10 and disputes between them in this matter. (Decl. of Kenneth 11 Stone (“Stone Decl.”) ¶ 3 (Docket No. 98-1); see also Stone Decl. 12 Ex. 1 (“Settlement Agreement”) (written agreement setting forth 13 the terms of the settlement) (Docket No. 98-4).) Plaintiffs have 14 alleged the following claims against Judy Guess: (1) violation of 15 the Resource Conservation and Recovery Act (“RCRA”) § 7002(a), 42 16 U.S.C. § 6972(a)(1)(B); (2) violation of the Comprehensive 17 Environmental Response, Compensation and Liability Act (“CERCLA”) 18 § 107(a), 42 U.S.C. § 9607(a); (3) violation of The Gatto Act, 19 California Health & Safety Code §§ 25403-25403.8; (4) violation 20 of The Porter-Cologne Water Quality Control Act, California Water 21 Code § 13304(c); (5) public nuisance; (6) trespass; (7) statutory 22 indemnity; and (8) declaratory relief. (See Third Am. Compl. 23 (“TAC”) (Docket No. 45).) The TAC alleges…

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