This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Environmental Contamination
Land Development

GPM Properties v. Union Oil Company of California

Published: Jan. 22, 1994 | Result Date: Dec. 9, 1993 | Filing Date: Jan. 1, 1900 |

Case number: SEC71803 –  $0

Judge

Robert J. Higa

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Robert M. Keese


Defendant

Francis J. MacLaughlin


Experts

Plaintiff

Raymond N. Chace
(technical)

Glenn D. Tofani
(technical)

Ronald J. Lofy
(technical)

Defendant

Michael J. Sullivan
(technical)

Facts

In the early 1900s, Union Oil purchased a six and one-half acre property in Norwalk. Union Oil constructed a tank farm on the property which it operated until the mid-1950s. The tank farm was then removed, and the property became vacant. In 1967, Defendant Union Oil sold the property to Pentagon Investment Company which resold the property in 1986 to Plaintiff GPM Properties for $2,500,000. Plaintiff intended to construct a 160 unit apartment complex on the property. Allegedly, after purchasing the property, Plaintiff discovered the property was contaminated with several hundred thousand gallons of crude oil and contained numerous old abandoned pipelines. In addition, the contamination was hidden from view by a ten-foot layer of clean soil which Defendant Union Oil had placed on top of the property. Allegedly, due to the contamination, Plaintiff was allegedly unable to get construction financing and permits.

Settlement Discussions

Defendant contends they offered $250,000 with an indication of more, plus a hold harmless for Plaintiff's lender plus assistance in getting a building permit; and Plaintiff demanded $4,800,000 plus a hold harmless.

Damages

Clean-up costs of $4,000,000; lost profits of $2,000,000; Plaintiff also sought punitive damages.

Deliberation

2 days

Poll

11-1

Length

3 weeks


#77602

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390