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ZANDS v. NELSON

June 25, 1992

SAMUEL ZANDS AND SARA ZANDS, Plaintiffs,
v.
PAUL IMON NELSON, ELLEN ELIZA NELSON, MILDRED TACEY, JAY GOODWIN, NORMA GOODWIN, STEPHEN KRAMER, CLETUS KRAMER, FRITZ A. NACHANT, INC., and DOES 1 to 100, Defendants.



The opinion of the court was delivered by: GORDON THOMPSON, JR.

 On April 27, 1992 at 10:30 a.m., the above-captioned case came on for hearing. The plaintiffs had filed a motion for summary judgment against all the defendants, and defendants Goodwins and Nelsons had filed motions for summary judgment. The Court has fully considered this matter, including review of all papers and documents submitted by the parties in support of and in opposition to the respective motions.

 I

 CONSOLIDATION

 Case numbers 89-0989-GT (CM) and 90-1144-GT (CM) are hereby consolidated.

 II

 PROCEDURAL BACKGROUND

 On December 3, 1991, this Court ruled on previously filed motions for summary judgment. See Zands v. Nelson, 779 F. Supp. 1254 (S.D.Cal. 1991). The December opinion held that RCRA did not contain a petroleum exclusion and that the creation of solid waste sufficiently supported a RCRA claim. Additionally, the Court, addressing the issue of contribution, held: "None of these individuals are so far removed that it can be said as a matter of law they did not contribute to the leakage." Id. at 1264. Because discovery was not complete, however, the Court postponed the resolution of the contribution issue until this factual summary judgment hearing.

 III

19920625

© 1992-2004 VersusLaw ...

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