Facts

Hinds Investments LP filed a complaint against Cooper Industries Inc. and others alleging hazardous contamination on its property with perchloroethylene (PCE) stemming from more than 40 years of dry cleaning on the property. Cooper was the successor to a dry cleaning machine manufacturer and dry cleaning store franchisor.

PLAINTIFFS' CONTENTIONS:
Hinds alleged that Cooper was liable for having contributed to the past and present contamination by PCE.

DEFENDANTS' CONTENTIONS:
Cooper filed for summary adjudication and contended that the claim was time barred. It claimed that Hinds was aware of the contamination as early as 1999, but failed to sue until 2008. It also contended that it did not qualify as an "arranger" under the HSAA (California Superfund).

Damages

Hinds sought monetary damages to offset the cost of environmental remediation and clean-up.

Result

The court sided with Cooper and held that Hinds' negligence and waste claims were barred by the three-year statute of limitations and disposed of the HSAA claim, finding that Cooper was not an "arranger" as defined under the applicable statute.