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a <br /> LAW OFFICES OF <br /> A. SCHUC=-N'iAN <br /> WILLIAM A. SCHUCKMAN 3031 WEST MARCH LANE TELEPHONE (209) 472-1100 <br /> FAX (209) 472-1079 <br /> SUITE 123 SOUTH <br /> UUOITH A. FEINBERG <br /> STOCgTON. CALZFOBP7Z3 95219-6500 <br /> CERTIFIED PARALEGAL <br /> May 8, 2000 <br /> David J. Irey Via Facsimile Transmittal <br /> Deputy District Attorney <br /> Environmental Prosecutions Unit <br /> Post Office Box 990 <br /> Stockton, CA 95201 <br /> Re: People vs. Eddie's Pizza Cafe, et al. <br /> San Joaquin Superior Court No: CV 008909 <br /> Dear Mr. Irey: <br /> This office has been retained to represent Proprietary Pizza and George Badway in <br /> connection with a lawsuit filed by you relating to his use of carbon dioxide at the pizza parlors. I <br /> phoned your office on May 3, May 4 and May 5th but have received no call back. <br /> We would like to preliminarily resolve two issues: <br /> 1. The date on which pleadings are due from the defense. A review of the file indicates <br /> that the complaint was filed and served some time ago but that negotiations have been ongoing. <br /> Unless I hear from you to the contrary in writing, I will assume that responsive pleadings may be <br /> timely filed at any time through May 30th. <br /> 2. Your complaint is fatally ambiguous in that it pleads alternative measures of quantity <br /> alleged to trigger certain safety plan requirements. Such disjunctive pleadings are inherently vague <br /> and ambiguous and subject to demurrer. Rather than go through that drill, I propose that you simply <br /> advise me which of the numerous alternative units you are actually alleging. We can then file a <br /> stipulated amendment clarifying that issue. Please advise. <br /> Yours very truly, <br /> WILLIAM A. SCHUCKMAN <br /> WAS/jf <br /> CC: Mr. George Badway <br />