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E <br /> 1 did not purchase the property. SJPHS-EHD's acts and omissions have resulted in the Lynch <br /> 2 Property being in"regulatory limbo,"making it impossible for DELTA FUNDING to sell it. <br /> 3 16. On or about December 5, 2001, DELTA FUNDING filed a claim for <br /> 4 damages against SJPHS-EHD under California Government Code §900, et seq. SJPHS-EHD <br /> 5 did not respond to the claim within 45 days as required by California Government Code <br /> 6 §912.4. Attached hereto and incorporated herein as Exhibit B is a true and correct copy of <br /> DELTA FUNDING's claim. <br /> 7 FIRST CAUSE OF ACTION <br /> 8 (For Declaratory Relief—Public Resources Code §45005 Not Applicable to Delta Funding) <br /> 9 <br /> 10 17. The allegations of paragraphs 1 through 16, inclusive, are hereby <br /> 11 incorporated as though fully set forth herein. <br /> 12 18. DELTA FUNDING requests a judicial determination that DELTA <br /> 13 FUNDING is not an owner or operator of a solid waste facility within the meaning of Public <br /> 14 Resources Code §45005. A declaration of rights and duties of the parties pursuant to <br /> 15 California Code of Civil Procedure §1060, binding in any subsequent action or actions, is <br /> appropriate and in the interest of justice in that an early determination of this controversy will <br /> 16 <br /> avoid multiplicity of litigation. <br /> 17 19. In Notice & Order 00-01, SJPHS-EHD erroneously alleges that DELTA <br /> 18 FUNDING is liable for operating an illegal solid waste disposal facility at the Lynch Property. <br /> 19 DELTA FUNDING has not, at any time whatsoever, operated or permitted the operation of a <br /> 20 solid waste disposal facility, disposed of solid waste in an unauthorized manner, or accepted <br /> 21 solid waste for disposal at the Lynch Property. Therefore, DELTA FUNDING is not subject <br /> 22 to the enforcement provisions of the California Integrated Waste Management Law (Public <br /> 23 Resources Code §§ 45000—45024). <br /> 24 20. Declaratory relief is proper because DELTA FUNDING is seeking a <br /> 25 declaration of its rights and duties with respect to the Lynch Property. <br /> 21. A present and actual controversy, relating to the legal rights and duties <br /> 26 <br /> of the parties with respect to the Lynch Property, exists between DELTA FUNDING and <br /> 27 SJPHS-EHD. DELTA FUNDING_contends that it is not subject to Public Resources Code §§ <br /> 28 <br /> 5 <br /> COMPLAINT FOR DECLARATORY RELIEF AND DAMAGES <br />