Facts

Plaintiffs U-Haul Co. of California (UHCC) and Amerco Real Estate Co. (AREC) were the owner and operator of a U-Haul rental and self-storage property in Lynwood. Defendant Barry Ross, trustee of the Louis Ross and Alice Ross Family Trust, owned the Garfield Express shopping center located uphill and one block north of plaintiffs' property. Garfield Express contained a gasoline station and formerly contained a dry cleaning business.

The plaintiffs filed suit for trespass, private nuisance, public nuisance, negligence, and declaratory relief.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that their property was contaminated by the environmental solvents and other hazardous substances emanating from the gasoline station and the former dry cleaning business. The plaintiffs sought recovery under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act.

DEFENDANT'S CONTENTIONS:
Ross denied all allegations.

Result

The jury found in favor of the plaintiffs in the amount of $487,387 on the private nuisance claim but rejected all other claims. The court granted defendant's motion for a new trial on damages, or in the alternative, a remittitur of the damages amount. Remittitur was granted and the award was reduced to $61,546.83 on the private nuisance claim. The court also granted declaratory relief effectively requiring defendant to remediate the contamination on defendant's and plaintiffs' properties.