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I allegations that are not set forth in this Complaint.
<br /> 2 DEFENDANT
<br /> 3 7. Defendant, THE PEP BOYS MANNY MOE &JACK OF CALIFORNIA, is now,
<br /> 4 and at all times mentioned in this Complaint was, a California corporation.
<br /> 5 8. At all times relevant, Defendant, THE PEP BOYS MANNY MOE &JACK OF
<br /> 6 CALIFORNIA, owned, operated, licensed, or leased, in its own capacity or through affiliates,retail
<br /> 7 automotive supplies and after-market parts stores and distribution centers in Alameda County and
<br /> 8 other locations throughout California. These stores are collectively referred to as the "Facilities." A
<br /> 9 list of the locations of the Facilities is attached as Exhibit A.
<br /> 10 9. At all times relevant, Defendant stocked, stored, and offered for sale hazardous
<br /> 11 materials at and from these Facilities. These hazardous materials include, but are not limited to,
<br /> 12 automotive fluid products, batteries, electronic devices, ignitable liquids, metal shavings, aerosol
<br /> 13 products, cleaning agents, and other flammable,reactive, toxic, and corrosive materials. Defendant
<br /> 14 also generated regulated quantities of hazardous waste at each of the Facilities as a result of its
<br /> 15 business practices.
<br /> 16 10. At all times relevant, Defendant was legally responsible for compliance with the
<br /> 17 provisions of the Health and Safety Code, including Chapters 6.5 and 6.95, at the Facilities;
<br /> 18 Defendant controlled and was responsible for the operations of the Facilities, and aided, abetted, and
<br /> 19 acted in concert with persons who exercised control over those operations, including, but not limited
<br /> 20 to, all acts and omissions relating to the management of hazardous materials and hazardous waste at
<br /> 21 the Facilities; and Defendant failed to take appropriate steps to prevent and correct the violations
<br /> 22 alleged in this Complaint, despite having the power, authority, and notice sufficient to do so.
<br /> 23 11. Defendant is a"person,"as defined in Health and Safety Code section 25118 and
<br /> 24 Business and Professions Code section 17201, and is a"business," as defined in Health and Safety
<br /> 25 Code section 25501, subdivision(c).
<br /> 26 12. Allegations in this Complaint of Defendant's acts or omissions include the acts and
<br /> 27 omissions of Defendant's owners, officers, directors, predecessors, agents, employees, affiliates, and
<br /> 28 representatives.
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<br /> COMPLAINT FOR INJUNCTIVE RELIEF,CIVIL PENALTIES,AND OTHER RELIEF
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