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WILLIAM A. SCHUCKMAN <br />JUDITH A. FEINBERG <br />CERTIFIED PARALEGAL <br />LAW OFFICES OF <br />WI7.T.TAM A. SCHUCKMAN <br />3031 WEST MARCH LANE <br />SUITE 123 SOUTH <br />STOCKTON, CALIFORNIA 9 5219-6 50 0 <br />June 9, 2000 <br />David J. trey <br />Deputy District Attorney <br />Environmental Prosecutions Unit <br />Post Office Box 990 <br />Stockton, CA 95201 <br />Re: ale vs. EddWs Pizza Cafe, et al. <br />San Joaquin Superior Court No: CV 008909 <br />Dear 7&. Irey: <br />TELEPHONE (209) 472-1100 <br />FAX (209) 472-1079 <br />Via Facsimile Transmittal <br />I have received your correspondence dated June 8, 2000, which appears to substitute alternate <br />statutory language for an unambiguous allegation. It is beyond me why you are unwilling to tell <br />either the Court or me what you think my client did that gives rise to liability. Your insertion of the <br />parenthetical references does not help for the following reasons: <br />1. You appear to limit the "pounds" standard to solids even though Carbon Dioxide is <br />sold (that is, °handled") in pound units and was measured in "pound" units by the County in <br />connection with the facts giving rise to your complaints. If you are now abandoning that unit of <br />measure, it should be removed from the complaint. <br />2. Your narrowing of the "gallons" measure to liquids resolves nothing since Carbon <br />Dioxide is a liquid when compressed. If you are abandoning the "gallons" standard of measure, that <br />language should be removed from the complaint. <br />3. Finally, if you are claiming that the applicable unit is "cubic feet", you should so state. <br />As previously pointed out, if you select "cubic feet", the complaint must also contain an allegation <br />that the quantity stored meets the § 6283 threshold. <br />If your allegation is that the defendants have incurred liability if they handled whichever of <br />the above standards would constitute the least amount of Carbon Dioxide (a specification I <br />previously asked you to make), then you are alleging the "cubic feet" measure since that would be <br />