City of West Sacramento v. R & L Business Management
Opinion
Trial Court Opinion
background to this lawsuit in its prior orders. (See Docket Nos. 13 18, 33, 44, 63, 115, & 125). 14 This court previously granted plaintiffs’ motion for 15 partial summary judgment and found defendants R and L Business 16 Management (“R&L”), John Clark, and the Estate of Nick E. Smith 17 (collectively, “defendants”) liable under the Comprehensive 18 Environmental Response, Compensation, and Liability Act 19 (“CERCLA”), 42 U.S.C. § 9607(a). (Order at 10 (Docket No. 125).) 20 The court then set an evidentiary hearing to determine whether 21 defendants’ contribution to the pollution at the Site is 22 divisible from the total contamination present at the Site (the 23 “divisibility hearing”). (Docket No. 129.) The divisibility 24 hearing began on August 25, 2020 and lasted three days, 25 concluding on August 27, 2020. 26 At the hearing, defendants offered the testimony of 27 John Clark, the general manager who oversaw R&L’s plating 28 operations at the Site, and Richard Leland, the owner of R&L. Defendants also offered the expert testimony of Dr. Adam Love. Plaintiffs offered the testimony of Andrew Reimanis, a hazardous substances engineer at the California Department…