CORRESPONDENCE_2001-2002 - Laserfiche WebLink

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} 1 � 1 26. Declaratory relief is proper because DELTA FUNDING is seeking a 2 declaration of its rights and duties with respect to the Lynch Property. 3 27. A present and actual controversy, relating to the legal rights and duties of 4 the parties with respect to the Lynch Property, exists between DELTA FUNDING and SJPHS- 5 EHD. DELTA FUNDING contends that it is not liable for hazardous wastes on the Lynch 6 Property by virtue of the lender liability rule. DELTA FUNDING is informed and believes, and on that basis alleges,that SJPHS-EHD contends to the contrary in some or all respects. 7 TMRD CAUSE OF ACTION 8 (Intentional Interference with Prospective Economic Advantage) 9 10 28. The allegations of paragraphs 1 through 27, inclusive, are hereby 11 incorporated as though fully set forth herein. 12 29. SJPHS-EHD employees knowingly and intentionally interfered with 13 DELTA FUNDING's attempts to sell the Lynch Property to prospective buyers. The sale of 14 the Lynch Property to any of these buyers would have been an economic benefit to DELTA 15 FUNDING. SJPHS-EHD employees knew about these potential sales and intentionally and maliciously acted in a manner designed to interfere with the sales. Specifically, DELTA 16 FUNDING is informed and believes and on that basis alleges that SJPHS-EHD employees 17 knowingly and intentionally, and without basis there for, made derogatory and misleading 18 statements to prospective buyers regarding DELTA FUNDING's and/or any subsequent 19 buyer's obligations,and liability for alleged subsurface conditions at the Lynch Property. 20 DELTA FUNDING is also informed and believes and based thereon alleges that SJPHS-EHD 21 also failed and refused to provide information concerning the property's regulatory status to 22 prospective buyers. SJPHS-EHD employees knew or should have known that their 23 statements and failure and refusal to provide information regarding the property's status 24 would dissuade prospective buyers from purchasing the property, including All Valley. 25 30. On or about January 3, 2001, All Valley and DELTA FUNDING 26 entered into a contract for the sale and purchase of the Lynch Property. The sale was subject to All Valley being granted 90 days for a feasibility study and possible cleanup and approval 27 from San Joaquin County officials and regulations within that period of time. All Valley's 28 7 COMPLAINT FOR DECLARATORY RELIEF AND DAMAGES