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1 efforts to conduct due diligence were frustrated by SJPHS-EHD's failure and refusal to <br /> 2 provide it with information regarding the property's regulatory status. As a result of SJPHS- <br /> 3 EHD's actions and omissions, DELTA FUNDING lost the opportunity to sell the Lynch <br /> 4 Property to All Valley. <br /> 31. SJPHS-EHD's unlawful interference with DELTA FUNDING's right to <br /> 5 <br /> sell the Lynch Property caused DELTA FUNDING to incur damages in an amount in excess <br /> 6 <br /> of$40,000. <br /> 7 PRAYER <br /> 8 WHEREFORE, DELTA FUNDING prays for judgment against Defendant SJPHS- <br /> 9 EHD as follows: <br /> 10 1. On the First Cause of Action, for a judicial declaration that DELTA <br /> 11 FUNDING is not subject to the provisions of Public Resources Code §45005; <br /> 12 2. On the Second Cause of Action, for a judicial declaration that pursuant to the <br /> 13 lender liability rule (Health and Safety Code §§25548, et seq.) DELTA FUNDING is not <br /> 14 liable for the removal or remediation of hazardous waste on or beneath the Lynch Property; <br /> 3. On the Third Cause of Action, for damages for lost sales of the Lynch <br /> 15 <br /> Property; <br /> 16 <br /> 4. On all causes of action, for costs of suit incurred herein; and <br /> 17 <br /> 5. On all causes of action, for such other and further relief as the Court may <br /> 18 deem just and proper. <br /> 19 DATED: February 19,2002 THE KIRK LAW FIRM <br /> 20 � <br /> 21 Ey: <br /> Sherri M. Kirk <br /> 22 Attorneys for Plaintiff Delta <br /> 23 Funding L.P., a California Limited <br /> Partnership <br /> 24 <br /> 25 <br /> 26 <br /> 27 <br /> 28 <br /> 8 <br /> COMPLAINT FOR DECLARATORY RELIEF AND DAMAGES <br />