Studor, Inc. v. City of Los Angeles

Filed 4/28/06 Studor, Inc. v. City of Los Angeles CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

APPEAL from a judgment of the Superior Court for the County of Los Angeles. David P. Yaffe, Judge. Reversed and remanded with directions.

Zimmermann, Koomer, Connolly & Finkel and Scott Z. Zimmermann for Plaintiff and Appellant.

Rockard J. Delgadillo, City Attorney of the City of Los Angeles; Claudia McGee Henry, Senior Assistant City Attorney; and Gerald M. Sato, Deputy City Attorney, for Defendants and Respondents.

Adams Broadwell Joseph & Cardozo, Daniel L. Cardozo and Richard T. Drury for California Pipe Trades Council as Amicus Curiae on behalf of Defendants and Respondents.

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Continued from Part I……..

• One committee member asked if, when the AAV is installed where methane gas can build up, any tests had been performed to verify whether methane gas migrates through the AAV. Studor responded that, because there is one vent to the outside, there is no build up of methane, which has a natural escape through the one vent; calculations had been performed to prove that methane build up does not occur; and field investigation had substantiated the calculation. The Department commented that no test data or calculations were submitted for review.

o The MTL, reviewing all the comments, stated it concurred with Studor's response, and observed that â€