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1 by the parties. The Court hereby extends its time to file this Statement of Decision and Jud ent <br /> • 2 pursuant to Rule 232 to the date of filing. <br /> 3 I. <br /> 4 OVERVIEW <br /> 5 The Court grants Plaintiff's request for civil penalties against all Defendants pursuant tc the <br /> 6 Second,Third and Fourth Causes of Action as more fully explained below. Plaintiff elected not to seek <br /> 7 penalties under the First Cause ofAction. The Court does not grant Plaintiff's request for civil pena lties <br /> 8 pursuant to the Sixth Cause of Action. <br /> 9 The Court grants the Plaintiff's request for a permanent injunction under the Water Code the <br /> 10 Fish and Game Code, the Health and Safety Code, and the Business and Professions Code, and, <br /> 11 alternatively, under it's equitable power to abate the continuing nuisance posed by the Defen is <br /> 12 Dairy. This injunction is based on the Court's finding that significantpublic harm will result from fi Lture <br /> 13 violations unless Defendants make further improvements. The injunctive relief is the most appropriate <br /> 14 way to protect against the harm. The Court's mandatory injunctive relief orders, when compl ted, <br /> 15 should remedy all violations alleged in the Plaintiff's complaint including the Defendants failure to <br /> 16 comply with the Cleanup and Abatement Order and should fully dissipate the effects oftheunlawfW and <br /> 17 unfair acts contained in the Plaintiff's complaint. <br /> 18 The Plaintiffs requested their costs of this suit. The Court does not award costs to either party. <br /> 19 II <br /> 20 GENERAL FINDINGS <br /> 21 For each of the six causes of action contained in the complaint, as amended following ti'al to <br /> 22 conform to proof,this Court finds that the allegations are true and that the applicable law cited in the <br /> 23 Plaintiff's pleadings is controlling. <br /> 24 III <br /> 25 THE SECOND CAUSE OF ACTION <br /> 26 A. Findings of Fact and Law <br /> 27 1. The Dairy is not designed to contain its wastewater. <br /> 28 2. The Dairy is not maintained so as to contain wastewater. <br /> 2 <br />