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I ATTACHMEIN T A T , <br /> 2 JOHN D. PHILLIPS <br /> 3 District Attorneyr <br /> 9G FEB 25 F : <br /> 4 San Joaquin County <br /> 5 BY: DAVID J. IREY #142864 J E A�'`; I ' ' "S ` r <br /> 6 Deputy District Attorney , <br /> 7 P. O. Box 990 �'- = --_- <br /> 8 Stockton, CA 95201 <br /> 9 <br /> 10 Attorneys for Plaintiff s <br /> 11 <br /> 12 <br /> 13 SUPERIOR COURT FOR THE STATE OF CALIFORNIA <br /> 14 <br /> 15 FOR THE COUNTY OF SAN JOAQUIN <br /> 16 <br /> 17 <br /> 18 THE PEOPLE OF THE STATE OF CALIFORNIA ) CASE NO. 292183 <br /> 19 } <br /> 20 Plaintiff, } <br /> 21 ) STIPULATION <br /> 22 BC REAL ESTATE INVESTMENTS, INC. ) <br /> 23 ) <br /> 24 Defendant. ) <br /> 25 <br /> 26 f <br /> 27 Defendant BC REAL ESTATE INVESTMENTS, INC., stipulates that: <br /> 2 8 Defendant, through its lessee BC Golde Gate ("GoldenGate") and GoldenGate's <br /> 29 contractors, accidentally damaged one (1) groundwater monitoring well which had previously <br /> 30 been installed by Arco on defendant's property in connection with Arco's remedial activities at <br /> i <br /> 31 its own property. This unintended damage occurred during construction grading activities <br /> 32 despite defendant's and GoldenGate's express efforts to protect the well by marking it and by <br /> 33 covering it with plywood. Defendant, through GoldenGate and GoldenGate's consultant, <br /> 34 subsequently lawfully destroyed the monitoring well, under the supervision of and with the prior <br /> 3S approval of the San Joaquin County Public Health 3er-vices - Environmental Health Division. <br />