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Mangini v. Aerojet-General Corp.

230 Cal. App. 3d 1125 (1991)

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Mangini v. Aerojet-General Corp.

California Court of Appeal
230 Cal. App. 3d 1125 (1991)

RW

Facts

Aerojet-General Corporation (defendant) leased 2,400 acres of land. The terms of the lease were unclear as to what the lessor permitted Aerojet-General to do on the property. After the lease expired, Catherine Mangini (plaintiff) bought the property and found that it was contaminated with hazardous waste. Mangini blamed Aerojet-General and sued to recover the costs of government-mandated soil testing and environmental cleanup. Mangini alleged, among other things, that by creating conditions injurious to public health and to Mangini’s enjoyment of her land, Aerojet-General violated California’s nuisance statute, which broadened the common-law definition of public and private nuisances and prohibited the creation of such nuisances. Mangini also alleged that Aerojet-General committed trespass by using the property for activities that the lease did not authorize and by failing to clean up the property as the lease required. The trial court sustained Aerojet-General’s demurrer to all counts for failure to state a claim and as time-barred by the statute of limitations. The court also refused leave for Mangini to amend her pleadings. Mangini appealed to the California Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Sims, J.)

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