California Department of Toxic Substances Control v. City of Chico
Published: Jul. 26, 2008 | Result Date: Jan. 9, 2008 | Filing Date: Jan. 1, 1900 |Case number: CIV S-02 0442 LKK DAD consolidated with CIV S-02 2590 LKK DAD Settlement – $11,920,000
Court
USDC Eastern
Attorneys
Plaintiff
Defendant
David C. Lee
(Nossaman)
Joseph A. Salazar Jr.
(Lewis, Brisbois, Bisgaard & Smith LLP)
James R. Donahue
(Donahue Davies LLP)
Paul Stanton Kibel
(Golden Gate University School of Law)
Steven H. Goldberg
(Downey Brand LLP)
Facts
In 1984 contamination was detected in Chico. In 1986, plaintiff California Department of Toxic Substances Control investigated the problem and initiated cleanup efforts.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendants released hazardous substances from their respective locations and contaminated the drinking water in Chico.
DEFENDANTS' CONTENTIONS:
Defendant Peden contended Chico Unified School District drilled a well that spread the contamination. Defendants Noret and Weiss contended the Shillings, by operating Sunshine Cleaners, contributed to the contamination. Defendant Sunset View Cemetery Association contended Metcalf & Eddy, the firm hired to test the sewer line, also contributed to the contamination during their examination.
Damages
The plaintiff sought reimbursement for the cost of cleanup.
Result
The plaintiff recovered $11,920,00 ($5,100,00 from Sunset View Cemetery Association; $3,200,00 from Sunset View Cemetery Association and Peden, $50,000 from Peden; $100,000 from Chico Unified School District, $2,200,000 from the city of Chico, $220,000 from Noret and Weiss, and $45,000 from the Shillings.) The California Water Service Company will construct and operate facilities, which will be part of the groundwater cleanup, the net present value of which is $3,100,000.
Other Information
FILING DATE: Feb. 28, 2002.
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