Walnut Creek Manor LLC v. Mayhew Center LLC, Dean Dunivan, Etch-Tek Inc., and Does 1 through 50, inclusive
Published: Oct. 10, 2009 | Result Date: Jun. 1, 2009 | Filing Date: Jan. 1, 1900 |Case number: 4:07-cv-05664-CW Verdict – $1,947,000
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Fred M. Blum
(Edlin Gallagher Huie Blum LLP)
Jonathan E. Meislin
(Bassi Edlin Huie & Blum LLP)
Experts
Plaintiff
Scott D. Warner
(technical)
Michael E. Williams
(technical)
Stanley Tish
(technical)
Defendant
Christopher Vais
(technical)
Jan Schutze
(technical)
Walter L. Ricci
(technical)
Facts
Plaintiff Walnut Creek Manor LLC operates a seniors-only apartment complex in Walnut Creek. It sued the owner of the adjacent property, defendant Mayhew Center, for allegedly contaminating the soil beneath the community with tetrachoroethene (PCE). Mayhew Center owns three buildings in the area, one of which was used by defendant Etch-Tek. Etch-Tek manufactured circuit boards. Plaintiff sought relief under private nuisance, public nuisance, trespass, negligence, negligence per se, and strict liability. Plaintiff sought declaratory and injunctive relief. Mayhew Center disputed that it was the source of the PCE and counter-claimed against Walnut Creek Manor asserting mirror allegations.
Damages
The plaintiff sought recovery for investigation costs and damage to its property based on the release of hazardous substances. Defendants alleged that their property value had been diminished based on the contamination.
Result
The jury found that the PCEs were released by defendants, not by plaintiff, and that defendants' slant boring was a substantial factor in causing harm. Accordingly, the jury awarded $1,947,000 to plaintiff.
Other Information
Etch-Tek dissolved and was not present at trial. On Oct. 2, 2009, the court ruled in favor of plaintiff on the remaining non-jury claims under CERCLA and the California Hazardous Substance Account Act. The court found defendant Mayhew Center LLC was the source of the contamination and denied defendant's request for contribution. The court granted plaintiff costs.
Deliberation
two hours
Poll
8-0
Length
15 days
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