CA Dept Toxic Sub v. Brighton Oil Co, et al

Filing 1277

STIPULATION and ORDER 1275 regarding "Parcel B" signed by Judge Garland E. Burrell, Jr. on 2/25/2013. Pursuant to Stipulation and its authority under state law as set forth in Health and Safety Code section 25365.6, DTSC may place furth er lien in amount of $37,151.70 on property identified by Assessor's Parcel Number 072-0260-031, located at intersection of White Rock and Kilgore Roads in Rancho Cordova, California ("Parcel B") in order to increase lien amount on Parcel B to total of $210,000. Kilgore and Stone shall not challenge amount or placement of this lien on Parcel B property. (Marciel, M)

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LORI J. GUALCO, ESQ. (Bar No. 95232)
GUALCO LAW
400 Capitol Mall, Eleventh Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Defendant
KILGORE & WHITE ROCK, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

9 CALIFORNIA DEPARTMENT OF TOXIC
SUBSTANCES CONTROL,
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Plaintiff,
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vs.
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CHARLES V. KESTER, et al.,
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Defendants.
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Case No. CIV-S-02-0018 GEB/GGH

STIPULATION REGARDING PARCEL B
AND [PROPOSED] ORDER

15 AND RELATED COUNTERCLAIMS
CROSS-CLAIMS, AND THIRD PARTY
16 CLAIMS.
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This Stipulation is entered by and among Plaintiff California Department of Toxic

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Substances Control (“DTSC”), and Defendants Kilgore & White Rock, LLC (“Kilgore”) and

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Sharon Stone (“Stone”) (all collectively sometimes referred to herein as “Parties”) regarding the

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above entitled action and certain liens recorded against, or determined to be appropriate in

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reference to, Parcel B, Assessor’s Parcel Number 072-0260-031, located at the intersection of

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White Rock and Kilgore Roads, Rancho Cordova, California (“Parcel B”). Kilgore and Stone

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are the owners of Parcel B.

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DTSC, through its consultants and contractors, Arcadis and URS Corporation Americas,

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has commenced field implementation of the Remedial Action (“Remedial Action”) for the Purity

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Oil Sales – Delta Gunite Site, also known as the Brighton Oil Site (“Site”) located in Rancho

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Cordova, California, which includes Parcel B. DTSC has indicated that it expects this Remedial
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STIPULATION REGARDING PARCEL B AND [PROPOSED] ORDER

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Action to take approximately six months to implement, although circumstances may lead to a
longer time period.
During the pendency of this Remedial Action, the Parties desire to maintain the status
quo in the above entitled litigation and agree to the following:
1.

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February 2, 2000 in favor of DTSC against the Parcel B property. The Parties

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hereby agree that DTSC may place an additional lien on Parcel B in the

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amount of $37,151.70 pursuant to its authority under state law as set forth in

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Health and Safety Code section 25365.6. The additional lien will bring the

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total lien on Parcel B to $210,000, reflecting the amount of the settlement

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between the Parties memorialized in the Consent Decree regarding Parcel B,

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approved by Judge Garland E. Burrell, Jr. on July 28, 2011 and filed with the

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Court on July 29, 2011. No further notice to Kilgore and/or Stone shall be

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required. Kilgore and Stone agree that they will not challenge the amount or

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the placement of this additional lien on the Parcel B property.
2.

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property by DTSC pursuant to Health and Safety Code section 25365.6. The

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Parties hereby agree that DTSC will not record this October 2012 Lien against

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Parcel B during the pendency of the Remedial Action, and for a period of 120

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days after the completion of the Remedial Action, in order to provide the

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Parties with the opportunity to conduct further negotiations and DTSC to

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prepare an accounting of the costs of the Remedial Action, including oversight

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costs incurred by and to be incurred by DTSC and of the amounts obtained by

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A determination was made by DTSC on October 17, 2012 that a lien in the
amount of $501,516.03 (“October 2012 Lien”) may be placed on the Parcel B

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A lien in the amount of $172,848.30 was previously recorded on

DTSC from previous settlements with other Defendants in this litigation.
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Kilgore and Stone hereby agree that they will toll any statutes of limitation
that apply to DTSC’s recording of the October 2012 Lien, or any portion

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STIPULATION REGARDING PARCEL B AND [PROPOSED] ORDER

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thereof, until the Remedial Action is completed and the 120 day time period
has elapsed.

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IT IS SO STIPULATED:

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Dated: ___________________, 2013

DEPARTMENT OF TOXIC SUBSTANCES CONTROL

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By: __________________________________
Charles B. Ridenour, Chief, Cleanup Program,
Department of Toxic Substances Control
Sacramento Office.

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Dated: ____________________, 2013

KILGORE & WHITE ROCK, LLC

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By:
Mark B. Stauffer, Managing Member

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Dated: __________________, 2013

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By:__________________________________
Sharon Stone

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APPROVED AS TO FORM:

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Dated: _________________, 2013

LORI J. GUALCO, ESQ.
GUALCO LAW

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By: ____________________________________
Lori Gualco, Esq.
Attorneys for Kilgore & White Rock, LLC

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STIPULATION REGARDING PARCEL B AND [PROPOSED] ORDER

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Dated: _____________, 2013

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KAMALA D. HARRIS
Attorney General of the State of California
SALLY MAGNANI
Senior Assistant Attorney General
SUSAN S. FIERING
Supervising Deputy Attorney General

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By: ___________________________________
Susan S. Fiering
Supervising Deputy Attorney General
Attorneys for Department of Toxic Substances
Control

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ORDER

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Based on the above Stipulation, the Court hereby orders that:

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1.

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Safety Code section 25365.6, DTSC may place a further lien in the amount of $37,151.70 on the

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property identified by Assessor’s Parcel Number 072-0260-031, located at the intersection of

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White Rock and Kilgore Roads, Rancho Cordova, California (“Parcel B”) in order to increase the

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lien amount on Parcel B to a total of $210,000. Kilgore and Stone shall not challenge the amount

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or the placement of this lien on the Parcel B property.

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2.

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$501,516.03 (“October 2012 Lien”) may be placed on Parcel B by DTSC pursuant to Health and

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Safety Code section 25365.6. DTSC shall not record this October 2012 Lien against the Parcel B

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property during the pendency of the Remedial Action on Parcel B, and for a period of 120 days

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after the completion of the Remedial Action, in order to provide the Parties with the opportunity

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to conduct further negotiations and DTSC to prepare an accounting of the costs of the Remedial

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Action incurred by DTSC, including oversight costs incurred by and to be incurred by DTSC,

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and the amounts obtained by DTSC in previous settlements with other Defendants in this

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litigation.

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3.

Pursuant to this Stipulation and to its authority under state law as set forth in Health and

A determination was made by DTSC on October 17, 2012 that a lien in the amount of

Any statutes of limitation that apply to DTSC’s recording the October 2012 Lien, or any

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STIPULATION REGARDING PARCEL B AND [PROPOSED] ORDER

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portion thereof, shall be tolled until the Remedial Action is completed and the 120 day time
period has elapsed.

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IT IS SO ORDERED:
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Date: 2/25/2013

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___________________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC_Signature-END:

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STIPULATION REGARDING PARCEL B AND [PROPOSED] ORDER