CA Dept. of Toxic Substances Control v. Jim Dobbas, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 CALIFORNIA DEPARTMENT OF TOXIC No. 2:14-cv-00595 WBS EFB SUBSTANCES CONTROL, et al., 13 Plaintiffs, MEMORANDUM AND ORDER RE: v. MOTION TO DISMISS COUNTERCLAIMS AND MOTION TO JIM DOBBAS, INC., a California STRIKE corporation, et al., Defendants. 18 ----oo0oo---- Plaintiffs Department of Toxic Substances Control and the Toxic Substances Control Account (collectively “DTSC”) seek recovery of costs and declaratory relief under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., in connection with the cleanup of a wood preserving operation in Elmira, California. (First Am. Compl. (“FAC”) ¶ 19 (Docket No. 77).) Intervenors Century Indemnity Company, The Continental Insurance Company, Allianz Underwriters Insurance, Chicago Insurance Company, and 1 …