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Wednesday, May 1, 2024

PIH Health seeks reimbursement of property cleanup costs from former owners

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LOS ANGELES (Legal Newsline) – Two Whittier, California corporations allege that a property they purchased was contaminated by its previous owners and is seeking reimbursement of response costs.

PIH Health Inc. and PIH Health Hospital Downey filed a complaint on June 11 in the U.S. District Court for the Central District of California against AK Steel Corp., Gesipa Fasteners USA Inc., Owens Corning, Trimas Corp., Allfast Fastening Systems LLC and Downey Properties and Investment citing the Comprehensive Environmental Response Compensation and Liability Act and other counts.

According to the complaint, the plaintiffs allege that in 2013, they acquired a property previously owned by defendants in Downey, California and were later informed by the Los Angeles Regional Water Quality Control Board that the property is contaminated with volatile organic compounds (VOCs). The suit states the Water Board is requiring a remediation of the contamination on the property.

The plaintiffs claim they have never used VOCs or any other hazardous material and allege the contamination was due to defendants' actions during the time they operated the property. As a result, plaintiffs allege they have incurred damages and costs of more than $500,00 and will continue to incur costs in the future. 

The plaintiffs allege the defendants are jointly and severally liable for the past, present and future costs incurred by them to remediate the property.

The plaintiffs seek judgment for damages, costs, attorneys' fees and for such other and further relief as the court may deem proper. They are represented by S. Wayne Rosenbaum, Jana Mickova Will and Grant Richard Olsson of Environmental Law Group LLP in San Diego.

U.S. District Court for the Central District of California case number 2:18-cv-05175-SVW-AS

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