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1 funding. 2 11. As of May 1998, SJPHS-EHD was aware that DELTA FUNDING 3 never occupied the Lynch Property, never operated a solid waste disposal facility or disposed 4 of or permitted the disposal of solid waste on the property, and that DELTA FUNDING 5 maintained indicia of ownership in the property solely to protect its security interest. 12. Nevertheless, on or about July 16, 1998, SJPHS-EHD sent a letter to 6 DELTA FUNDING directing it to (a) cease and desist from the unauthorized disposal of solid 7 wastes on theropertY� (b) remove all unauthorized solid wastes from the property both p 8 aboveground and belowground, and (c) transport the solid waste to a permitted disposal site 9 or recycling facility within 30 days. 10 13. Thereafter, on or about April 10, 2000, SJPHS-EHD issued Notice & 11 Order No. 00-01 to DELTA FUNDING, under California Public Resources Code §§45000, 12 45005 and 45011. SJPHS-EHD alleged that DELTA FUNDING was operating an illegal 13 solid waste disposal site on the Lynch Property and ordered DELTA FUNDING to (a) cease 14 & desist further unauthorized disposal of solid and hazardous wastes on the property, (b) 15 remove all unauthorized solid and hazardous wastes from the property, and (c) transport the 16 wastes to a permitted disposal or recycling facility in accord with a detailed plan and schedule of compliance to be submitted to SJPHS-EHD. A true and correct copy of Notice & Order 17 No. 00-01 is attached hereto and incorporated as Exhibit A. 18 14. As a result of SJPHS-E 's insistence that DELTA FUNDING was 19 operating an illegal solid waste facility and was responsible for investigating and removing 20 subsurface solid and hazardous waste allegedly buried at the Lynch Property, and as a result 21 of SJPHS-EHD's representations to that effect to prospective purchasers of the Lynch 22 Property, DELTA FUNDING has been frustrated in its several efforts to sell the property. 23 15. On or about January 3, 2001, DELTA FUNDING entered into an 24 agreement for the sale of the Lynch Property to All Valley Packing Company (hereinafter 25 referred to as "All Valley") whose efforts to conduct due diligence were stymied by SJPHS- EHD's erroneous assertions concerning DELTA FUNDING's obligations regarding the 26 subsurface condition of the property and SJPHS-EHD's failure and refusal to provide 27 information concerning the regulatory status of the Lynch Property. As a result, All Valley 28 4 COMPLAINT FOR DECLARATORY RELIEF AND DAMAGES