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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />IN <br />in Mr. Schuckman's letter of May 16, 2000, was the basis of his lack of understanding of the <br />requirements of Chapter 6.95, a non-existent statute, H & S Code § 6382(a). <br />Upon receiving the moving papers in this matter, our office sent correspondence to the <br />defense in order to try to resolve this matter without a hearing. (See Declaration of David J. Irey in <br />Opposition to Defendant's Demurer, filed with this motion). Those attempts were rebuked. (See <br />Irey Dec. ) Although the People were willing to further clarify a complaint that uses a "plain <br />English" version of the statutory requirements, we were willing to, for the first time in almost eleven <br />years, modify the language of the complaint to meet the position of the defense that there was some <br />ambiguity. <br />THE PEOPLE'S COMPLAINT IS NOT FATALLY AMBIGUOUS AND THE <br />KNOWLEDGE OF THE DEMURRING PARTY IS EXTRAORDINARY BASED ON THE <br />SIMPLICITY OF THESE REQUIREMENTS AND THE FACT THAT THIS COMPLAINT <br />HAS BEEN EXPLAINED TO HIM IN THE PRESENCE OF HIS COUNSEL <br />Throughout the United States of America, hazardous materials are measured by three simple <br />units. If it is a liquid, at standard temperature and pressure, it would be gallons. If the hazardous <br />material is a solid, at standard temperature and pressure, it would be pounds. And if the hazardous <br />material was a gas, at standard temperature and pressure, it would be measured in cubic feet. Carbon <br />dioxide at standard temperature and pressure is a gas. That is why soda has bubbles. Mr. Badway <br />sells soda that contains gas bubbles, not liquid carbon dioxide. This has been explained to Mr. <br />Badway in the presence of his second counsel, Albert Ellis. (See Irey Dec.) <br />Any uncertainty or ambiguity in matters of inducement necessary to proper understanding of <br />wrong done plaintiffs, does not make cause of action demurrable. ( Penziner v. West American <br />Finance Co. (1933) 133 Cal.App. 578) In this case, the defendant knows he has at least one <br />hazardous material on site in reportable quantities. He knows what that quantity is by statute. He <br />knows how much carbon dioxide he purchases and handles. There is nothing ambiguous about <br />paragraph 12a of the complaint. <br />If there was anything ambiguous about the complaint the knowledge of the demurring party <br />must be considered by the Court. All that is required of plaintiff, even against a special demurrer, is <br />