ELR Citation: ELR 21429
No(s). C004771 (Cal. Ct. App. Jun 19, 1991)

The court holds that landowners may maintain a state-law action for trespass, nuisance, special damages, indemnity, and declaratory relief against parties who leased the property from prior owners and allegedly contaminated the property with hazardous waste during the leasehold. The court holds that the plaintiffs could assert claims for continuing trespass, continuing nuisance, and special damages for public nuisance. The court further holds that claims for indemnity and declaratory relief are not barred by a statute of limitations. The court also holds that the landowners have no claim for unfair competition.

Counsel for Appellants
Christopher Berka, Edward L. Strohbehn Jr., Jennifer S. Rosenberg
McCutchen, Doyle, Brown & Enersen
Market Post Tower, Ste. 1500, 55 S. Market St., San Jose CA 95113
(408) 947-8400

Counsel for Respondents
Moses Lasky, Janet Morgan
Lasky, Haas, Cohler & Munter
505 Sansome St., 12th Fl., San Francisco CA 94111
(415) 788-2700

SPARKS, Acting P.J., and MARLER, J., concur.