City of West Sacramento v. R & L Business Management

I. Factual and Procedural Background

5 A. The City’s Lawsuit 6 The City’s lawsuit against R&L involves the alleged 7 contamination at 319 3rd Street. This court described much of 8 the factual and procedural background to this lawsuit in its 9 prior orders. (See Docket Nos. 18, 33, 44 & 63.) The Third 10 Amended Complaint (“TAC”) is the current operative complaint. 11 (Docket No. 45.) 12 B. R&L’s Third-Party Complaint 13 R&L’s Third-Party Complaint (“TPC”) against the County 14 (Docket No. 90.) involves the alleged contamination at 305 3rd 15 Street, a property two parcels north of the 319 property at issue 16 in the City’s complaint. (Pl.’s Mot. to Dismiss (Docket No. 17 100).) The TPC relies primarily on an Environmental Site 18 Assessment prepared by Wallace Kuhl & Associates in 2006. (TPC 19 at 3, ¶ 14.) The TPC alleges that “historical surface fill 20 material containing heavy metals and a substantial amount of lead 21 was placed and maintained at and around [305 Third Street and 317 22 Third Street], during Yolo County’s ownership of 305 Third 23 Street.” (Id. at 4, ¶ 17. (Docket No. 90).) “As a direct result 24 of the historic operations and importing of…