Kirk Edward Riley and Ray Posey, on behalf of themselves and all others similarly situated v. Superior Ready Mix Concrete LP.
Published: Aug. 2, 2024 | Result Date: Apr. 21, 2023 | Filing Date: Sep. 18, 2020 |Case number: 37-2020-00032965-CU-MC-CTL Settlement – $1,995,000
Judge
Court
San Diego County Superior Court
Attorneys
Plaintiff
Mickel M. Arias
(Arias, Sanguinetti, Wang & Team LLP)
Arnold Chen-Yuan Wang
(Arias, Sanguinetti, Wang & Team LLP)
Steven D. Liddle
(Liddle Sheets Coulson)
Laura L. Sheets
(Liddle Sheets Coulson)
Matthew Z. Robb
(Liddle Sheets Coulson)
Defendant
Marshall C. Wallace
(Allen Matkins LLP)
Facts
In 2020, Plaintiffs Kirk Edward Riley and Ray Posey, individually, and on behalf of other members of the general public similarly situated, brought a class action against Defendant Superior Ready Mix Concrete, alleging property violations resulting from noxious odors and fugitive dust originating from Defendant's facility. The class included all those who owned or occupied residential property within one mile of the Defendant's facility at any point in time on or after September 18, 2017.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs alleged that Defendant's conduct amounted to public and private nuisance, trespass, and negligence.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
Defendant agreed to pay $1,995,000, less costs and attorneys' fees, to settle all claims, and Defendant must make $700,000 in specified improvements to the facility over the next three years.
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