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1 WHEREAS, as a result of this investigation the Plaintiff has engaged in settlement <br /> 2 negotiations with the Settling Defendant prior to the initiation of litigation. In these <br /> 3 negotiations, the Plaintiff was represented by the Attorney General of the State of California, <br /> 4 and the District Attorney of the County of San Joaquin. These offices were supported by the <br /> 5 investigational efforts of the local agencies in San Joaquin County, State of California. <br /> 6 WHEREAS, the Plaintiff and the Settling Defendant(hereinafter collectively referred to <br /> 7 as "the Parties") have agreed to settle the investigation without litigation and by filing this <br /> 8 proposed Consent Agreement and Stipulation for Entry of Final Judgment("Consent <br /> 9 Judgment") simultaneously with the Complaint. The Plaintiff believes that the resolution of the <br /> 10 violations alleged in the Complaint, which is embodied in this Consent Judgment, is fair and <br /> 11 reasonable and fulfills the Plaintiff's enforcement objectives, that no further action is warranted <br /> 12 concerning the specific violations alleged in the Complaint except as provided pursuant to the <br /> 13 Consent Judgment, and that this Consent Judgment is in the best interest of the general public. <br /> 14 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: <br /> 15 1. INTRODUCTION. <br /> 16 In this action, Plaintiff filed a civil complaint(the "Complaint") in San Joaquin County <br /> 17 Superior Court against Settling Defendant. The Parties settle this action on the terms set forth in <br /> 18 this Consent Agreement and Stipulation for Entry of Final Judgment(hereinafter "Consent <br /> 19 Judgment") and request that this Court enter a Final Judgment incorporating the terms of this <br /> 20 Consent Judgment. <br /> 21 2. COMPLAINT. <br /> 22 The Complaint in this action alleges that the Settling Defendant violated certain <br /> 23 provisions of Chapter 6.95 of Division 20 of the Health and Safety Code, and Sections 17200 et <br /> 24 seq. of the Business and Professions Code. A true and correct copy of the Complaint is attached <br /> 25 as Exhibit"A" hereto. The facilities which are addressed by this Consent Judgment are referred <br /> 26 to in the Complaint as "Covered Facilities." The parties recognize, however, that the "covered <br /> 27 facilities" list, due to the closure of existing facilities, or opening of new facilities means the <br /> 28 business plan filing, certification and other obligations imposed upon the settling Defendant <br /> 2 <br /> CONSENT JUDGMENT,ORDER FOR PERMANENT INJUNCTION AND CML PENALTIES <br />