The Successor Agency to The Former Emeryville Redevelopment Agency and The City of Emeryville v. Swagelok Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THE SUCCESSOR AGENCY TO THE Case No. 3:17-cv-00308-WHO
FORMER EMERYVILLE
REDEVELOPMENT AGENCY AND THE
CITY OF EMERYVILLE, ORDER ON MOTION FOR SUMMARY
JUDGMENT Plaintiff, Re: Dkt. No. 234 v. 11 SWAGELOK COMPANY, et al., 12 Defendants. 13 Defendant Hanson Building Materials Limited (“HBML”) moves for summary judgment on claims brought by the plaintiffs, the Successor Agency to the Former Emeryville Redevelopment Agency and the City of Emeryville (collectively, “Emeryville”), concerning liability under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). Because there are disputed facts concerning Emeryville’s theory of alter ego liability and its theory of successor liability, and for the following reasons, summary judgment is GRANTED in part and DENIED in part. BACKGROUND I. FACTUAL BACKGROUND This case arises from a property in Emeryville,…