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1 <br />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 />'' 0 <br />G <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />II of Carbon Dioxide meet the threshold of L. Cd. § 6382. That section is a safeguard against <br />overzealous regulators who would interpret the statutory language literally (presumably to enhance <br />the revenue of their bureau) even when the result is ridiculous. <br />The plaintiff, having specified an alleged violation on its face laughable', must at least allege <br />11 that exposure to it "as present" in defendants' pizza restaurants will cause risk to human health. <br />Barring such an allegation, the mere presence of two hundred cubic feet of a gas produced <br />by respiration fails to state a cause of action and subjects the complainant to a general demurrer. <br />There seems to be no rational basis for omitting the allegation except, perhaps, to attempt to <br />convince a Court that once two hundred cubic feet are present, the reporting requirement locks in <br />mindlessly. The very purpose of Labor Code § 6392 is to avoid just such mindlessness. <br />13. Meet and Confer: <br />At the end of the day, plaintiffs' conduct was simple. They refused to specify the unit of <br />measure (only so specifying in their Opposition) and failed to file their Opposition in a timely <br />manner. <br />Those failures required defendants' counsel to waste approximately six (6) hours of his time <br />(of which about one hour resulted from their untimely filing) so that sanctions should be imposed <br />in the amount of 6 times $175.00 = $1,050.00 <br />4. Motion to Strike Unethical Citations and For Sanctions: <br />At page 2, lines 2-3, plaintiffs' counsel references 1500 unpublished and uncitable cases. <br />He then asks this Court to consider in deciding this Demurrer extra judicial knowledge by this Court <br />of the nature and disposition of those cases which he claims is relevant to the adequacy of the <br />pleadings. <br />It is unethical to cite unpublished cases. <br />It is terrifying to think that plaintiffs' counsel believes that his prior contacts with this Court <br />in connection with other cases will control or affect this case. <br />'When a venire panel fills the seats in Department 1, the court is handling more than 200 <br />cubic feet of Carbon Dioxide at room temperature. <br />Defendants Reply to Opposition to Special Demurrer <br />and Memorandum in Support thereof <br />-2- <br />