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 GRANTING DEFENDANT’S

v. MOTION FOR PARTIAL SUMMARY

JUDGMENT

ENERCON SERVICES, INC., et al., Docket No. 78 Defendants.

12 13 I. INTRODUCTION Plaintiff and Counter-Defendant Golden Gate Way, LLC (“GGW”) has brought this action against Defendant and Counter-Claimant Enercon Services, Inc. (“Enercon”) based on Enercon’s alleged contamination of GGW’s property while conducting environmental consulting work in 2008. See Docket No. 59 (“FAC”). GGW asserts claims under CERCLA, 42 U.S.C. § 9601 et seq., and California’s Hazardous Substance Account Act (“HSAA”), Cal. Health & Safety Code § 25300 et seq., as well as for various common-law torts. See FAC. Pending before the Court is Enercon’s motion for partial summary judgment based on a limitation of liability provision in the parties’ contract for the consulting work. See Docket No. 78…