In a complaint filed Friday, Andorra Apts LLC sued Fabricure Coachella Valley LLC, seeking recovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),as well as other damages. The claims arise from alleged use of a damaging solvent that contaminated the plaintiff’s property.
The plaintiff owns and operates a residential apartment complex; the defendant operates a commercial dry cleaning and laundry facility, the complaint states.
According to the complaint, the defendants utilized a harmful chlorinated solvent (PCE)—recorded in their Environmental Assessment Report— which is hazardous to the soil, subsurface, and residents of the plaintiff’s apartment complex.
The complaint states that, “as a proximate result of Defendants’ disposal, releases, and threatened releases of hazardous substances, including PCE, Andorra has suffered damages and will incur response and corrective action costs that are necessary and consistent…”
The plaintiff seeks the following for relief: damages, a declaration the defendants are liable for the harm caused to plaintiff, an order that the defendants must comply with the applicable laws and regulations, recovery of costs, compensation, and interest.
The plaintiff is represented by Shook, Hardy, & Bacon LLP.