Golden Gate Way, LLC v. Enercon Services, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GOLDEN GATE WAY, LLC, Case No. 20-cv-03077-EMC

Plaintiff,

ORDER DENYING PLAINTIFF’S

v.

MOTION TO STRIKE ENERCON’S

ANSWER/COUNTERCLAIM, AND

ENERCON SERVICES, INC., et al., GRANTING IN PART AND DENYING

IN PART PLAINTIFF’S MOTION TO

Defendants.

DISMISS ERM’S COUNTERCLAIMS

Docket Nos. 27,

13 Plaintiff Golden Gate Way, LLC (“GGW”) has filed suit against two companies: (1) Enercon Services, Inc. and (2) ERM-West, Inc. (“ERM”). According to GGW, it owns certain property on which a dry cleaner operated between 1956 and 1999. After a California Regional Water Quality Control Board required GGW to investigate contamination at and around the property, GGW hired Enercon (in 2008) and later ERM (in 2009), both environmental consulting companies. See Compl. ¶¶ 9, 11. GGW alleges that, during each company’s work for GGW, the company took action that resulted in the release, escape, and/or movement of contamination, …