The headquarters Fisker used in its waning days recently was abandoned and left in "complete disarray," said the landlord, with drums of apparent hazardous waste, automotive equipment, and even vehicles and full-size clay models left behind.
The chaos was outlined in a new document filed Friday afternoon to Fisker's Chapter 11 bankruptcy docket by landlord Shamrock (La Palma) Properties II, LLC. Tony Lenzini, an agent for Shamrock, is quoted in the attached declaration saying the landlord "now faces tens of thousands of dollars in cleanup costs, damage repairs, and what appears to me to be hazardous waste removal.".
Now, Shamrock is fighting against Fisker's motion to vacate the lease based on how dirty the company left the place. According to Shamrock, Fisker has sold many of the movable assets on-site to Heritage Global Partners, an auctioneer, but claims it doesn't know who owns any of the mess left behind. A spokesman for Fisker did not return a request for comment.
The filing comes as Fisker seeks to have its liquidation plan confirmed, four months after the company filed for bankruptcy. That process could be complete as soon as next week. The bankrupt company won approval from its assorted creditors while facing stiff opposition from the U.S. Securities and Exchange Commission. In an objection filed earlier Friday, the SEC revealed it has opened an investigation into Fisker.
According to Lenzini's affidavit, he was taken for a walk-through of the facility—sited in La Palma, California—on September 24 by representatives for Fisker. (Fisker relocated its headquarters to this facility after it closed its shiny main Manhattan Beach office in May.) They assured him, he says, that Heritage Global Partners "would have everything removed" by the date it was slated to turn over the property, September 27, and that "the building would be cleaned as thoroughly has [sic] possible."
Over those few days, however, Lenzini describes a frantic scrabbling. He says people were "pulling items out of the office and warehouse and loading up trucks and cars," and claims no one logged what was taken.
Meanwhile, HPG president Nick Dove is claiming to TechCrunch that his firm which purchased some office equipment, furniture and related items, had an agreement with Fisker that was set to give them access until September 30. However, he claims the company and its moving crew wasn't allowed into the building September 30 to retrieve those items. He also claims that "chemicals and batteries were not part of our transaction" with Fisker.
According to Lenzini, "On September 27, I watched people rush property out of the building and load automobiles with miscellaneous materials," but he continues: "I had no idea who these people were – whether they were Fisker employees, HGP, Huron staff, or friends of either." Huron is the name of the consulting group that has counseled Fisker through the bankruptcy process. According to Lenzini, these people were "throwing debris everywhere, taking tools, computers, automotive parts, and more, and then returning for another load.".
Yet, Lenzini says, the La Palma facility "has been left in complete disarray." He says there are two 50- to 55-gallon drums, one which references containing oil and another which says contains coolant. He says there are "approximately 20 automotive sized batteries" left on site, too. It is not clear if those are electric vehicle battery packs or more typical 12-volt car batteries. Lawyers for Shamrock said in the declaration Fisker vehicles "were left parked" in the lot outside the facility, but didn't specify if they're Ocean SUVs.
"My concern is that I do not know what chemicals have been left at La Palma," Lenzini writes.
Photos attached to Lenzini's declaration show full-size clay models of Fisker's planned Ronin supercar and Alaska pickup truck, and an office full of tipped-over garbage cans and detritus.
In addition to all these, lawyers of Shamrock claim people broke into the facility and have been "attempting to set up residence when the Premises were left vacant and not secured.