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I inform Parties in writing of such allegations that Parties are alleged to have violated and give Parties 2 thirty(30) business days to investigate the allegations. If Parties dispute the allegations or that a 3 violation or violations exist for which Parties are substantially responsible,then they shall submit 4 written documentation and/or testimony and/or other evidence demonstrating that the allegations are 5 unfounded. Based upon the evidence presented and after meeting and conferring with Parties' 6 representative,if the District Attorney's Office still maintains that the allegations against Parties are 7 substantiated and that violations for which Parties are substantially responsible exist,both the District 8 Attorney's Office and the Parties' representative shall submit their respective positions,arguments 9 and evidence to the Court on a noticed motion after providing notice of the hearing to Parties' 10 attorney and the opportunity to file an opposition and any evidence related thereto. If the Court --- -------------- -------11-- -determines that-Parties-are substantially-responsible for-committing a violation of Cfllifonli3-Code of 12 Regulations,title 23 section 2630(d)or Business and Professions Code section 17200 et seq., as 13 described in paragraphs 5 above,the Court shall order that Parties have violated the terms of the 14 injunction as set forth herein and shall take that action which it deems appropriate. 15 7. If all the conditions listed in paragraph 5 above are met,then TWO(2)years from the 16 filing date of this document,the stayed penalty shall be suspended permanently. 17 S. In the event Defendants violate the injunction provisions described in paragraphs 3, 4, and 18 5 above, Defendants shall, subject to the provisions of paragraph 5 herein,pay the Stipulated Penalty 19 to the prosecuting agency as follows: 20 a. Upon the first instance of any violation of this Injunction anywhere in the State of 21 California,Defendants shall pay FIVE THOUSAND DOLLARS ($5,000.00); 22 b. Upon the second instance of any violation of this Injunction anywhere in the State 23 of California,Defendants shall pay TEN THOUSAND DOLLARS ($10,000.00); 24 c. Upon the third instance of any violation of this Injunction anywhere in the State of 25 California, Defendants shall pay FIFTEEN THOUSAND DOLLARS($15;000.00). 26 9. Defendants shall additionally pay to Plaintiff the sum of TWO THOUSAND SIX 27 HUNDRED THIRTEEN DOLLARS ($2,613.00) as partial recovery of the cost of investigation and 28 suit incurred by the SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT. -3- PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO-STIPULATIONS