Laserfiche WebLink
1 <br /> b. Defendant will not violate Health and Safety Code sections 25100 et seq., as <br /> 2 <br /> described in paragraph 4 above; <br /> 3 <br /> c. Defendant will not violate or engage in any of the unlawful acts of unfair <br /> 4 <br /> competition as set forth in the First and Second Causes of Action of the Complaint filed in this <br /> 5 <br /> action, as well as any other violations of the Business and Professions Code sections 17200 et seq., <br /> 6 <br /> including but not limited to Health and Safety Code sections 25280 et seq., and 25100 et seq.. <br /> 7 <br /> 9. The FOURTEEN THOUSAND DOLLARS ($14,000.00) in civil penalties, described in <br /> 8 <br /> paragraph 8 above, shall immediately be due and payable as set forth in paragraph 8 above, if the San <br /> 9 <br /> Joaquin County Office of the District Attorney files Declarations that Defendant violated Health and <br /> 10 <br /> Safety code sections 25280 et seq., or Health and Safety Code sections 25100 et seq. or Business and <br /> 11 <br /> Professions Code sections 17200 et seq., as described in paragraphs 3, 4, and 5 above. Any penalties <br /> 12 <br /> or other relief sought by Plaintiff for such violations or alleged violations shall be sought by noticed <br /> 13 <br /> motion. Plaintiff shall notify Defendant in writing of such alleged violations and shall meet and <br /> 14 <br /> confer with Defendant within twenty(20) business days of such written notice prior to filing any <br /> 15 <br /> such motion. The Parties shall negotiate in good faith in an effort to resolve any further penalty <br /> 16 <br /> assessments or other relief pursuant to this paragraph without judicial intervention. Defendant <br /> 17 <br /> reserves all defenses in law and equity. <br /> 18 <br /> 10. If all the conditions listed in paragraph 8 above are met,then five (5)years from the <br /> 19 <br /> filing date of this document,the stayed penalty shall be suspended permanently. <br /> 20 <br /> 11. Defendant shall additionally pay to Plaintiff the sum of ONE THOUSAND DOLLARS <br /> 21 <br /> ($1,000.00) as partial recovery of the cost of investigation and suit incurred by the SAN JOAQUIN <br /> 22 <br /> COUNTY ENVIRONMENTAL HEALTH DEPARTMENT. Said payment shall be due and p4 able <br /> 23 <br /> to the aforementioned agency, and shall be delivered to the San Joaquin County Office of the District <br /> 24 <br /> Attorney, Environmental Crimes Unit,thirty(30) days from the date of signing. <br /> 25 <br /> 12. Defendant shall additionally pay to Plaintiff the sum of THREE THOUSAND <br /> 26 <br /> DOLLARS ($3,000.00) as partial recovery of the cost of investigation and suit incurred by the SAN <br /> 27 <br /> JOAQUIN COUNTY OFFICE OF THE DISTRICT ATTORNEY. Said payment shall be due and <br /> 28 <br /> -5- <br /> PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION <br />