GP Vincent II v. Mayhew Center, LLC

Good Law
United States District Court, Northern District of CaliforniaJune 21, 20213:20-cv-00745California2,197 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GP VINCENT II, Case No. 20-cv-00745-VC

Plaintiff,

ORDER GRANTING MOTIONS TO

v. DISMISS, AS AMENDED

MAYHEW CENTER, LLC, et al., Re: Dkt. Nos. 43, 50, 88 Defendants.

GP Vincent has filed a motion for reconsideration of the February 19 order granting the motion to dismiss on preclusion grounds. This motion is denied in large part, but granted in small part to correct a few factual details that do not affect the outcome of the motion. The order below supersedes the one filed on February 19, 2021. ------------------------------------------- Mayhew Center owned a property that was environmentally contaminated. In 2007, a neighboring property owner, Walnut Creek Manor, sued Mayhew Center in the Northern District of California under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), claiming that the contamination from Mayhew Center’s property had spread to Walnut Creek Manor’s property. Following a jury verdict in favor of Walnut Creek Manor, the court entered a judgment requiring Mayhew Center to clean up Walnut Creek Manor’s…

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