Judge: Melvin D. Sandvig, Case: PC058126, Date: 2025-04-03 Tentative Ruling
Case Number: PC058126 Hearing Date: April 3, 2025 Dept: F47
Dept. F47
Date: 4/3/25
Case #PC058126
MOTION FOR
LEAVE TO FILE A SECOND AMENDED CROSS-COMPLAINT
Motion filed on 10/11/24.
MOVING PARTY: Defendant Team
Enterprises, LLC fka Team Enterprises, Inc.
RESPONDING PARTY: Plaintiff Hari Hara, LLC
NOTICE: ok
RELIEF REQUESTED: An order granting Defendant Team
Enterprises, LLC fka Team Enterprises, Inc. leave to file a Second Amended
Cross-Complaint.
RULING: The motion is granted.
SUMMARY OF FACTS & PROCEDURAL HISTORY
This action arises out of the environmental contamination
at the real property located at 26830 Seco Canyon Road, Santa Clarita, CA. A dry cleaner has operated at the property
since 1967 and used perchloroethylene (PCE).
Defendant/Cross-Complainant Team Enterprises, LLC fka Team Enterprises,
Inc. (Team) operated the dry cleaner between approximately 1971 and 1995 and
has not occupied or operated a dry cleaner at the property since.
The contamination was discovered in 1998 when the
property was owned by Mark Weinstein as a trustee of the
Weinstein Family Trust dated 3/20/97.
In 2000, Weinstein filed a lawsuit against Team and others based on the
contamination and resulting cleanup. The
lawsuit was resolved in 2001 by way of a settlement and release agreement.
Plaintiff Hari Hara, LLC (Plaintiff) purchased the
property in 2013 from an intermediate owner, S. Clarita Plaza LLC (SCP) and
assumed SCP’s loan under the same lender that was part of the direct
transaction with Weinstein. In the
purchase from SCP, Plaintiff agreed to release SCP from any potential liability
and agreed to indemnify and hold SCP harmless.
Plaintiff contends that it learned of the contamination in 2017 as part
of its due diligence related to refinancing the property.
Plaintiff’s First Amended Complaint (FAC) contains causes
of action for: (1) Contribution under the Hazardous Substances Account Act (HSSA);
(2) Contribution; (3) Abatement of a Public Nuisance; (4) Abatement of a
Private Nuisance; (5) Negligence; (6) Continuing Trespass; (7) Breach of
Contract (not alleged against Team);
and (8) Declaratory Relief.
On 6/3/22, Team filed a First Amended Cross-Complaint
alleging causes of action for Declaratory Relief, Contribution and Indemnity
Pursuant to the Hazardous Substance Account Act (HSAA), Equitable Contribution
and Indemnity, Negligence, Continuing Public Nuisance against Plaintiff,
Weinstein, MJW Investments, Inc. and 26811 Bouquet Canyon Road, LLC for the contamination
of the Property and against Weinstein for his breach of contract, breach of implied
covenant of good faith and fair dealing and implied indemnity against
Weinstein, only, arising out of Weinstein’s breach of the Settlement
Agreement.
When Team’s motion for summary judgment was granted, Team
dismissed its First Amended Cross-Complaint as it was no longer ripe. On 7/24/24, the Court of Appeal reversed this
Court’s granting of Team’s motion for summary judgment as to Plaintiff’s HSAA
claim. Therefore, Team now seeks an
order granting it leave to file a Second Amended Cross-Complaint against all of
the same parties as the First Amended Cross-Complaint and to add Harry Jang and
Santa Clarita Plaza, LLC as cross-defendants.
Plaintiff has filed a notice of non-opposition to the
motion.
ANALYSIS
Team makes the instant motion pursuant to CCP 473(a)(1)
and CCP 576 which provide for amendments in the interests of justice.
CONCLUSION
The motion is granted.
Team is ordered to separately file its Second Amended Cross-Complaint.