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Sued for something before my birth!
CWatson
Member Posts: 964 ✭✭✭✭
I got served papers today,3000 thousand of them and I have 20 days to respond or loose by default.I own a small radiator and auto repair shop in Los Angeles.I got served today,for enviormental clean up of a dump in another city that operated from the 50s to 1984.I bought my shop in 1990.Even though I am know I will not have to pay the hundreds of thousands they say I know I will get burned by a lawyer in the process.
Anybody know a half way decent lawyer in the LA California area?
CWatson
1.KILL EM' ALL AND LET ALLAH SORT EM' OUT!
2.NEVER WASTE MONEY ON SPRINGFIELD ARMORY!!
Anybody know a half way decent lawyer in the LA California area?
CWatson
1.KILL EM' ALL AND LET ALLAH SORT EM' OUT!
2.NEVER WASTE MONEY ON SPRINGFIELD ARMORY!!
Comments
When I first saw the title of your post, I though it would be about 'slavery reparations.' It makes just about as much sense though.
"If they won't give us good terms, come back and we'll fight it out."
-- Gen. James Longstreet
Don't bet on it. The way the law is applied here, you are responsible for anything that was dumped from your business, forever. If you bought the shop, you also bought the previous liability. My company has already been hammered on this, and we lost!
How you doin'!
www.awbansunset.com
I am being sued because a previous owner used a waste disposal company for about a year that dumped at a landfill 20 miles from my property.The landfill closed in the early 80s.
CW
1.KILL EM' ALL AND LET ALLAH SORT EM' OUT!
2.NEVER WASTE MONEY ON SPRINGFIELD ARMORY!!
I am wondering if owners three times removed frome the one who used the desposal company that used the landfill can sue all the residents of California who "may" have used these companies services.
Link to dump;CW
[http://yosemite.epa.gov/r9/sfund/overview.nsf/ef81e03b0f6bcdb28825650f005dc4c1/c82725eb32ecc0588825660b007ee698?OpenDocument]
1.KILL EM' ALL AND LET ALLAH SORT EM' OUT!
2.NEVER WASTE MONEY ON SPRINGFIELD ARMORY!!
While I am not a lawyer it looks like you might be called (from reading a portion of the report) is a de minuous (sp) respondent.
If the previous owner just used the dump for a year he might not have dumped too much waste. It sounds like they have the records showing how much was dumped and by whom. Also talks about a hardship clause. I would try to find out more info. You might not have to pay too much. (although anything in my opinion is too much) I wish you the best.
Jim
It is just BS to extort money and that is all.The summons says I have 20 days to respond to the complaint or loose by default,no court date just default.I called the lawyer on the summons and he sounds like a typical bottom feeder.Wanted me to sign a document to "defer"the case.Sounds like they have a deadline comming up and want to extend it through the deferment.I know I will have to see a lawyer.Four hours lawyer time equals two years gun money.
The previous owner was incorperated and the corperation still exists so would that not be the company responsable?
F&^*&^&!!!
CW
CWatson
1.KILL EM' ALL AND LET ALLAH SORT EM' OUT!
2.NEVER WASTE MONEY ON SPRINGFIELD ARMORY!!
________________________________________________________________________
"If there must be trouble let it be in my day, that my child may have peace" -Thomas Paine
If the people have become so apathetic that they will not vote out all the liberal scum (republican and democrat alike), the only solution is Constitutional Convention II the sequel. Let's get it right this time.
"There is nothing lower than the human race - except the French." (Mark Twain) ". . . And DemoCraps" (me)
CWatson
1.KILL EM' ALL AND LET ALLAH SORT EM' OUT!
2.NEVER WASTE MONEY ON SPRINGFIELD ARMORY!!
Was this landfill leased buy the City/county of L.A. when it was open,
and now the property owners wish to reuse the land but must clean it up first? Think you know were I am going with this- [}:)]
If this is the case, I bet the City/County had a not liable clause.
If this was a public land fil, then private citizens used it as well. Meaning that they are as responsible as you.
If you, or the 'previous owner' of your shop contracted a waste management company to dipose of waste legally, it is the burden of the plaintiff to prove that the waste from you , or you heirs, was in fact 'hazardous material'.
Did you buy an actual turn key business, or did you change the name, signifying a 'new business'? The waste is not located on your property proper, making you responsible for waste generated and shipped to another property. If in fact you bought REAL ESTATE, and STARTED a business, (even though it's the same kind of business) then you are exonerated, period. You are not continuing a business that was started by another party.
If, as the overview states, the area in question is bisected by a freeway, where are the perk test results, impact studies , etc that the engineers surely had to have at the time of the construction of the highway? Why was the 'threat' not identified then? And if there are that many folks within a thousand feet of the site, there are bound to be some new construction type homes. Where are the Phase 1 writs for them, and why would a bank loan them money to build on such questionable land?
I really would like a reply, at least on the 'did you buy the business, or the real estate?" thing. If it holds true, then it is open to , (and i don't hold myself accountable on the spelling) a motion to demure. what that means is 'hey your suing the wrong person'. and you should be dismissed form the action.
Trust me, being from 'oil country' i've heard a bunch, but hey it's different in california. proof that soy anything rots the mind!
anxiously awaiting the next post.
"Great spirits have always found violent opposition from mediocrities. The latter cannot understand it that the former does not submit to hereditary predjudices, but honestly and courageously uses his intelligence." - Albert E.
On my tombstone:"Keep you eyes on the road, your hands upon the wheel..."the Lizard King
You bet- and sneeky to (if thats what happend in what I posted)
Where is "Possesion is 9/10ths of the law" now[?] and If anyone does not belive that, I have a long winded 50 million $ super fund post for ya.[;)]
I am trubled by CWatson's post in the sence he may be geting rail roaded.[:(!] Buy some not so right people.
"Right is Right, even is everyone is against it, and wrong is wrong, even if everyone is for it"
C this is actually rcrxmike_2, not his 'ol lady'. I have run into this in PA, and there are a couple of issues you need to Address with your local tree huggers.
If this was a public land fil, then private citizens used it as well. Meaning that they are as responsible as you.
If you, or the 'previous owner' of your shop contracted a waste management company to dipose of waste legally, it is the burden of the plaintiff to prove that the waste from you , or you heirs, was in fact 'hazardous material'.
Did you buy an actual turn key business, or did you change the name, signifying a 'new business'? The waste is not located on your property proper, making you responsible for waste generated and shipped to another property. If in fact you bought REAL ESTATE, and STARTED a business, (even though it's the same kind of business) then you are exonerated, period. You are not continuing a business that was started by another party.
If, as the overview states, the area in question is bisected by a freeway, where are the perk test results, impact studies , etc that the engineers surely had to have at the time of the construction of the highway? Why was the 'threat' not identified then? And if there are that many folks within a thousand feet of the site, there are bound to be some new construction type homes. Where are the Phase 1 writs for them, and why would a bank loan them money to build on such questionable land?
I really would like a reply, at least on the 'did you buy the business, or the real estate?" thing. If it holds true, then it is open to , (and i don't hold myself accountable on the spelling) a motion to demure. what that means is 'hey your suing the wrong person'. and you should be dismissed form the action.
Trust me, being from 'oil country' i've heard a bunch, but hey it's different in california. proof that soy anything rots the mind!
anxiously awaiting the next post.
"Great spirits have always found violent opposition from mediocrities. The latter cannot understand it that the former does not submit to hereditary predjudices, but honestly and courageously uses his intelligence." - Albert E.
On my tombstone:"Keep you eyes on the road, your hands upon the wheel..."the Lizard King
JOIN PETA! (PEOPLE EATING TASTY ANIMALS) I didn't climb to the top of the food chain to have a salad and spring water!
This dump site was closed in 1984 and declaired a hazardous site.The EPA got the records of companies that used this landfill.Any company that had liquid waste brought in is declaired a "Potentally Resposable Party".There are two types,Major who were major manufactures who brought anything from 100,000 gal to millions and de Minimis who sent lesser than 110,000 gallons.In the late 90s the Major PRPs settled with the EPA.The EPA let the Major PRPs for a commity to do the clean up and to fund it,called "The New Cure".There is also the OII steering commity who arrange for the DeMinimis to settle,also run by the "New Cure".
The "New Cure" is suing all the DeMinimis PRPs to collect for what they feel the EPA should collect from the them. You have to remember PRP stands for "POTENTAILLY" Responsible Party.The EPA has not sued any and is suppose to be negotiating with all the DeMinimis parties.At the end of this month the statuted of limitations run out for the "New Cure" to bring suit to the smaller parties that have not settled with the EPA.
Why have these parties not settled? They are only potintialy resposable,no one has proved it.Why? Maybe the do not have any proof.I Talked to the EPA all day yesterday.What proof do they have my shop may have dumped there? There is a manifist from the site office that shows three or four,depending to which EPA rep I talked to,loads of liquid waste that adds up to 5040 gallons.The name on the manifest is similiar to my shop's name,one letter off.I was told by one EPA rep that there was no address or signature on the envoices with the manifest or on the manifest itself.
I wanted a copy of said manifest and was informed I will have to go through the "Freedom of Information Act" To get it.
What dates were on them? as told to me by the EPA rep.Spread through March 1976 to Aug 1978.So a manifest that MAY be from a shop I bought MAY have dumped something,or not.That is why we are called "POTENTIALLY Responsible Parties".What did I know about this before being served?Nothing!Almost.Earlier this year a EPA rep called and spoke to my brother.He wanted info on the person who owned the shop in the seventies and how to get ahold of him.That was it,did not mention a clean up,landfill nothing.
RCRXMIKE,
I bought both the land and the business.Not from the owner in the seventies.My brother in law and brother had bought it from they earlier owner.I bought it from them and that is were the chain is to be broken or not.My ex N Law lives in Minnisota.He is will be sendng me his "Term of Purchace" as far as the business goes.I was told be him he bought the equipment and name,not the business per say.
I contacted some of the other businesses named as defendants,non are getting a lawyer,some told me they simply threw there summons away.There was another shop that does the same business as me and oddly there amount of waste was identical.The shop also does not even have the same name as the one that existed when they were to have shipped waste.
Who are the companies behind the NEW CURE and who are suing me?Bendex,American Arlines,Atlantic Richfield,Dearborn,Black and Decker,Brigstonefirestone,ChevronTexico,ConocoPhillips,Delta airlines,ExxonMobil,FederalExpress,Ford,GeneralMotors,Hekel corp,Hughs aircraft,Interstate,LACounty MTA,LockheedMartin,Maytag,McdonnelDouglas,OccidentalPetrolium,IngersallRand,Prudential,Shell Souther Pacific Railroads,TRW,Union Oil,Uniroyal among the largest named companies.
I have never felt so sick and disgusted in my entire life,never.
CW
1.KILL EM' ALL AND LET ALLAH SORT EM' OUT!
2.NEVER WASTE MONEY ON SPRINGFIELD ARMORY!!
If you are worried about legal counsel, I'm thinking that you have liability insurance coverage. Here in PA, it covers lawsuits, so i'd hand over the summons, or at least the circumstances to them. Just a thought.
Good luck, chief let us know how it pans out.
"Great spirits have always found violent opposition from mediocrities. The latter cannot understand it that the former does not submit to hereditary predjudices, but honestly and courageously uses his intelligence." - Albert E.
On my tombstone:"Keep you eyes on the road, your hands upon the wheel..."the Lizard King
Only thing the same is the name.All licenses,tax ID ect.. are completely different.Talked to the insurance,does not cover environmental liability issues.
I contacted the original owner.When he owned it he was incorpirated,now dissolved .He informed me he had never used the disposal company that used the site and will look for but believes he will not have the records on who he used at the time.
CW
1.KILL EM' ALL AND LET ALLAH SORT EM' OUT!
2.NEVER WASTE MONEY ON SPRINGFIELD ARMORY!!