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ZANDS v. NELSON

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA


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.

MEMORANDUM OPINION AND ORDER (for publication)

 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

 FACTUAL BACKGROUND The pertinent facts of ownership of the land and use of the gas tanks are the same as those facts set forth in the December Order. Defendants PAUL and ELLEN NELSON owned all title to the property in question from 1961 to November 1976. In 1972, the NELSONS instructed defendant FRITZ NACHANT CO. to install the piping and pumps for gasoline tanks at a service station on this property. The NELSONS then operated the gas station until 1975. In 1975, the NELSONS leased the gas station to defendants STEPHEN and CLETUS KRAMER. Although the KRAMERS maintained their lease and operated the gasoline station pumps from May 1975 to March 1979, the property was transferred to defendant MILDRED TACEY, who owned the property from November 1976 to April 1978, and then to defendants JAY and NORMA GOODWIN, who owned the property from April 1978 to December 11, 1980. In December of 1980, the GOODWINS transferred the property to the plaintiffs, SAMUEL and SAMUEL ZANDS. It is unclear from the evidence if the gas station was ever operated after the KRAMERS' lease expired in 1979. OWNERS Paul and Ellen Nelson 1976 arrow down Mildred Tacey 1978 arrow down Jay and Norma Goodwin 1980 arrow down Samuel and Sara Zands OPERATORS Paul and Ellen Nelsons 1975 arrow down Stephen and Cletus Kramer 1979 arrow down ???

19920625

© 1992-2004 VersusLaw Inc.



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