SDC/Pullman Partners v. Tolo Inc.

Opinion

SILLS, P. J.

I

This case centers on a toxic substance clause in a lease of land to an aerospace manufacturer. The former lessee, defendant Tolo Incorporated, manufactured fusion reactors, particle accelerator parts and radar antennas, among other things. Tolo occupied the property, which is just off the Costa Mesa Freeway, from the late 1960’s to the mid-1990’s. It began leasing the land from plaintiff SDC/Pullman Partners in 1985 after a sale-leaseback deal. The lease was renewed in July 1989. It is that lease 1 which contains the clause in question.

Quite remarkably—for an aerospace…