Facts

Brea Imperial Inc., is the owner of a 356,000 square foot warehouse/manufacturing facility on approximately 16.87 acres located in Brea. Brea Imperial sought monetary damages from Automotive Wheels, Inc. as a result of AWI's alleged failure to timely and properly remove large industrial equipment from the property and alleged related fraudulent conduct.

PLAINTIFF'S CONTENTIONS:
CRC Rim Inc. operated a wheel manufacturing operation at the property with machinery and equipment supplied by AWI. CRC, however, filed for bankruptcy protection on Dec. 23, 2003. Brea Imperial acquired the property on March 11, 2004. Brea Imperial and AWI entered into an agreement, which allowed AWI to store, market and remove the Equipment in exchange for the payment of a reduced rental/storage fee.

AWI obtained several extensions to complete the removal. Approximately eight months later, AWI returned possession of the property to Brea Imperial. However, AWI abandoned numerous pieces of contaminated equipment, large quantities of hazardous fluids and wastes and additional personal property. The condition of the property upon surrender by AWI required Brea Imperial to incur significant costs to "remediate" and delayed Brea Imperial's ability to relet the property.

DEFENDANT'S CONTENTIONS:
AWI contended that it timely and properly removed all items it was supposed to remove and that any alleged contamination was pre-existing and not AWI's responsibility per the subject's agreement. Defendant also denied the fraudulent conduct.

Result

The jury found in favor of plaintiff on each cause of action and awarded a cumulative total of $3,996,768 in compensatory damages. ($689,945 for breach of contract; $840,000 for trespass; $300,000 for negligence; $279,970 for fraud or deceit; $1,668,370 for conspiracy and prejudgment interest in the amount of $218,483.)

Other Information

FILING DATE: June 2, 2005.

Length

19 days