CORRESPONDENCE_2001-2002 - Laserfiche WebLink

Home Browse Search

t x 1 45000, 45005, and 45011. By its issuance of Notice and Order No. 00-01, SJPHS-EHD 2 contends to the contrary in some or all respects. 3 SECOND CAUSE OF ACTION (For Declaratory Relief-The Lender Liability Rule Applies to 4 the Alleged Disposal of Hazardous Wastes at the Lynch Property) 5 22. The allegations of paragraphs 1 through 21, inclusive, are hereby 6 incorporated as though fully set forth herein. 7 23. DELTA FUNDING requests a judicial determination that it is not liable 8 under any state or local statute, regulation or ordinance to the extent that the statute, 9 regulation, or ordinance requires it to take removal or remedial action, pay a penalty, fine, 10 imposition or assessment with respect to the release or threatened release of hazardous 11 materials, at, from, or in connection with the Lynch Property, as provided by in Health and 12 Safety Code §§25548, et seq. A declaration of rights and duties of the parties pursuant to 13 California Code of Civil Procedure §1060, binding in any subsequent action or actions, is 14 appropriate and in the interest of justice in that an early determination of this controversy will 15 avoid multiplicity of litigation. 16 24. In Notice & Order 00-01, SJPHS-EHD alleged that hazardous waste 17 disposed of at the Lynch Property is a threat to human health and safety and the environment 18 and ordered DELTA FUNDING to remove such hazardous waste from the Lynch Property 19 and transport it to a permitted disposal or recycling facility. 20 25. Under the California "lender liability rule," a lender who forecloses on 21 property is exempt from liability under a state or local statute to the extent that the statute 22 requires the lender to take a removal or remedial action or pay a penalty or fine and the 23 liability arises from a release or threatened release of hazardous materials at, from or in 24 connection with the property. At all times relevant hereto, DELTA FUNDING has complied 25 with the requirements of the lender liability rule. DELTA FUNDING is therefore exempt 26 from liability under any law for the removal or remedial action or damages, penalties, fines, 27 impositions, or assessments relating to the release or threatened release of hazardous substances. 28 6 COMPLAINT FOR DECLARATORY RELIEF AND DAMAGES