California Department of Toxic Substances Control v. Dee M. McLemore Trust

INTRODUCTION

20 In this civil action to recover response costs and declaratory relief under the 21 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), one 22 defendant moves to dismiss the amended complaint as it pertains to her individual liability 23 pursuant to FRCP 12(b)(6). To the extent stated below, the motion to dismiss is GRANTED. 24

STATEMENT

25 The present action centers around the contamination of real property in Oakland. 26 From 1972 to 1988, Hard Chrome Engineering, Inc. leased property from Dee M. McLemore. 27 From 1988 to 2005, HCE leased the same property from the Dee M. McLemore Trust. 28 HCE operated a metal- and chromium-plating business on the leased property. It generated 1 approximately fifty pounds of hazardous substances per month, some of which went directly 2 onto the ground. The leased property is referred to as the Hard Chrome Engineering real 3 property (Amd. Compl. ¶¶ 2, 8, 12, 13, 15, 16). 4 In 1992, Dee M. McLemore died. His surviving spouse, defendant Cheryl McLemore, 5 became a co-trustee of the Trust, as well as a designated beneficiary. She has received money 6 or other benefits from the Trust…