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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 11 <br />24 <br />25 <br />26 <br />27 <br />K:; <br />the defendants failed to handle all hazardous materials, regardless of whether they are liquid, solid or <br />gaseous, pursuant to California law. <br />As mentioned above, the defense counsel cannot place facts into the record without some sort <br />of declaration. He attempts to inform the Court that carbon dioxide is a harmless gas without any <br />basis. He attempts to place calculations into the record, and attempts to do so without even a unit of <br />measure. (See page 3, lines 17 and 18). He fails to mention to the Court that carbon dioxide has a <br />material safety data sheet.' The moving papers fail to mention Title 49 of the Code of Federal <br />Regulations! It appears that the defense is attempting to argue some type of OSHA violations, <br />however, without appropriate citations, we are in the dark. <br />CONCLUSION <br />Carbon dioxide is a hazardous material. Those businesses which handle carbon dioxide in <br />quantities above two hundred (200) cubic feet of gas must comply with all of the provisions of <br />Chapter 6.95 of the Health and Safety Code. The moving party failed to meet their burden on either <br />ambiguity or the failure to state a cause of action. These three complaints do not require <br />amendments. <br />DATED: June 15, 2000 <br />Respectfully submitted, <br />JOHN D. PHILLIPS <br />DISTRICT ATTORNE' <br />13y: DA J. IREY <br />Deputy .nct Attorney <br />' See Health and Safety Code § 25501(p)(1) <br />8 See Health and Safety Code § 25501(p)(3) <br />