SRC/SCH LLC, Beverly Hills Adjacent Senior Assisted Living LLC v. Union Oil Company of California dba Unocal, ConocoPhillips Company, Chevron USA Inc., and Does 1 through 10, inclusive
Published: Sep. 13, 2014 | Result Date: Mar. 17, 2014 | Filing Date: Jan. 1, 1900 |Case number: BC471071 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Arthur B. Fine
(Mitchell, Silberberg & Knupp LLP)
Defendant
Lawrence P. Riff
(Los Angeles County Superior Court)
James E. Smith
(Gilbert & Sackman)
Facts
SRC/SCH LLC and Beverly Hills Adjacent Senior Assisted Living LLC sued Union Oil Co. of California dba Unocal, ConocoPhillips Co., and Chevron USA Inc., in connection with plaintiffs' real property located in Los Angeles County.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that they owned five parcels of real property located in the City and County of Los Angeles that were located along the 1000's block of South La Cienega Blvd. Plaintiff alleged that defendant ConocoPhillipps' was the successor-in-interest to TOSCO Corp., which previously operated a gas station on one of plaintiffs' parcels. Plaintiffs alleged that defendants' underground storage tanks leaked gasoline, contaminating the soil and groundwater on plaintiffs' property. However, plaintiffs did not discover the leak until around 2006 or 2007. Plaintiffs argued that defendants should bear the costs of investigation, remediation, decontamination, and construction due to the leak. Plaintiffs argued costs would be at least $5 million. As such, plaintiffs sued defendants alleging claims for permanent nuisance, permanent trespass, negligence, continuing nuisance, and continuing trespass.
DEFENDANTS' CONTENTIONS:
Defendants denied plaintiffs' allegations, and asserted various affirmative defenses.
Result
The jury rendered a defense verdict.
Other Information
FILING DATE: Oct. 6, 2011.
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