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i � I 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 INTRODUCTION 3 Concurrently with the filing of this motion, Edmund G. Brown Jr., Attorney General of 4 the State of California, along with Gregory Totten, District Attorney for the County of Ventura, 5 Rod Pacheco, District Attorney for the County of Riverside, and James P. Willett, District 6 Attorney for the County of San Joaquin, filed a "Complaint for Injunction, Civil Penalties and 7 Other Equitable Relief' ("Complaint") in the name of the People of the State of California 8 against defendant K MART Corporation. The Complaint alleges, inter alia, violations of 9 environmental laws under Chapters 6.5 and 6.95, Division 20, of the Health & Safety Code, as 10 well as violations under Business &Professions Code section 17200 et seq., in connection with 11 K MART'S hazardous waste and hazardous materials handling practices at and by its retail { 12 stores in California for a period of several years. The Complaint seeks injunctive relief, civil 13 penalties and other equitable relief. 14 This Motion seeks the Court's approval of the "Stipulation for Entry of Final Judgment i 15 and Final Judgment" Judgment')� ("Final gment ) submitted jointly by Plaintiff, People of the State of 16 California (the "People"), and Defendant, K MART Corporation ("K MART"), collectively 17 referred to herein as "the Parties."The proposed Final Judgment resolves the matters alleged in 18 the Complaint filed pursuant to Chapters 6.5 and 6.95, Division 20,of the Health&Safety Code 19 and section 17200 of the Business & Professions Code. The proposed Final Judgment was 20 lodged with the Court simultaneously with the filing of the Complaint. 21 The People are represented by Edmund G. Brown Jr., Attorney General of the State of 22 California, by Margarita Padilla, Supervising Deputy Attorney General; Gregory D. Totten, 23 District Attorney for the County of Ventura, by Mitchell F. Disney, Senior Deputy District 24 Attorney; Rod Pacheco, District Attorney for the County of Riverside, by Stephanie B. i 25 Weissman, Supervising Deputy District Attorney; and James P. Willett,District Attorney for the 26 County of San Joaquin, by David J Irey, Supervising Deputy District Attorney. Defendant 27 K MART is represented by Michael J Steel, Esq., of Morrison & Forester The proposed i s 28 resolution of this action is the result of good-faith, arms-length negotiations between the People -3- 1 MEMORANDUM OF POINTS AND AUTHORITIES s f