Amloc v. Cypress Abbey

Filed 5/30/06  Amloc v. Cypress Abbey CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION ONE

            Amloc Companies, Inc. (Amloc) filed suit against Cypress Abbey Company (Cypress) and Cypress-Amloc Land Co., Inc. (CALCO), alleging that Cypress had breached the terms of a joint venture formed between Cypress and Amloc to operate a solid waste landfill.  Amloc sought one-half of the profits accruing from operation of the landfill since March 2001.  In a cross-complaint, Cypress and CALCO alleged that Amloc, during an earlier period of time when Amloc alone operated the landfill, had deposited solid waste outside the boundaries of the landfill.  Cypress and CALCO sought indemnity for the costs to be incurred in cleaning up the improper deposit.  After a trial without a jury, the court found that the parties had formed the joint venture and were required to share the proceeds from operation of the landfill until it ceased operation.  Accordingly, the court ordered Cypress to share the profits.  We affirm.

I.  BACKGROUND

A.  Evidence Relating to Amloc's Claims

            Beginning in 1958, Amloc operated a solid waste landfill in Colma on land owned by Cypress.  Amloc compensated Cypress for the use of its land under an â€