CALIFORNIA TOXIC SUBSTANCES v. PAYLESS CLEANERS

No. S-02-2389 LKK/DA.

368 F.Supp.2d 1069 (2005)

CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL, Plaintiff, v. PAYLESS CLEANERS; College Cleaners; Heidinger Cleaners; Norge Village Cleaners; Cava, Inc., A California Corporation; Lobdell Cleaners; City of Chico; Norville R. Weiss; Janet L. Weiss; Paul A. Tullius; Victoria Tullius; Robert H. Heidinger; Inez N. Heidinger; 5th and Ivy, A General Partnership; Richard C. Peters and Ramona W. Peters, Individually and as Trustees of the Peters Family Trust; Betty M. Rollag; Randall Rollag; and Tami Rollag, Defendants. and Related Counter-Claims.

United States District Court, E.D. California.

March 4, 2005.


Attorney(s) appearing for the Case

Rose B. Fua, Deputy Attorney General, Oakland, CA, for Plaintiffs Cal. Dept. of Toxic Substances Control.

David Rabbino, Resolution Law Group, Lafayette, CA, for Defendants Payless Cleaners, Norville & Janet Weiss.

James Underwood, Wilkins, Underwood & Johnson, Redding, CA, for Defendants College Cleaners, Lobdell Cleaners, and Betty, Randall & Tami Rollag.

Francis M. Goldsberry II, Goldsberry, Freeman, Guzman & Ditora, Sacramento, CA, David R. Frank, Office of the City Attorney, Chico, CA, for Defendant City of Chico.

David R. Isola, Isola Bowers, LLP, Lodi, CA, for Defendants Robert & Inez Heidinger.

Patrick Riddle, Paul D. Sheldon, of Counsel, Law Offices of Patrick Riddle, PC, Stockton, CA, for Defendant California Water Service Company.

Gary Vinson, Greve, Clifford, Wengel & Paras, LLP, Sacramento, CA, for Defendant 5th and Ivy.

Curtis Parvin, Richard Crites, Sedgwick, Detert, Moran & Arnold, LLP, Irvine, CA, for third-party Defendant Maytag Corp., as successor-in-interest to Norge Corp.

Celene M.E. Boggs, Stammer, McKnight, Barnum & Bailey, Fresno, CA, for third-party Defendant Martin Franchises, Inc.

Gordon H. Casmajor, Five Doris Way, Chico, CA, for Norge Village Cleaners & Cava, Inc.

Vartkes Vartabedian, Chico, CA, for Norge Village Cleaners & Cava, Inc.

Jan A. Greben, Joseph B. Adams, Greben & Associates, Santa Barbara, CA, for Romona W. Peters & Richard C. Peters.


ORDER

KARLTON, Senior District Judge.

Ramona W. Peters and Richard A. Peters (the "Peters"), individually and as trustees of the Peters Family Trust, bring claims for indemnity and contribution pursuant to CERCLA, 42 U.S.C. §§ 9601 et seq., as well various state law based claims against third-party defendant Maytag Corporation ("Maytag"). This matter is before the court on Maytag's motion to dismiss the Peters' Second Amended Third...

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