Laserfiche WebLink
• 1 INTRODUCTION <br /> 2 On August 4 , 1992 , this Court entered a stipulated <br /> 3 judgment in favor of the People of the State of California (the <br /> 4 "People" ) in The People of the State of California v Sumiden <br /> 5 Wire Products Corp and J R Simplot Co. , San Joaquin Superior <br /> 6 Court No. 247285 . This lawsuit adjudicated the liability of <br /> 7 Sumiden Wire Products Corp. ( "Sumiden" ) and J.R. Simplot Co. <br /> 8 ( "Simplot" ) (collectively the "Defendants" ) under the California <br /> 9 Hazardous Waste Control Law (Chapter 6 . 5 of Division 20 of the <br /> 1"0 California Health & Safety Code, hereinafter "H&S Code" ) . At the <br /> 11 specific request of the California Department of Toxic Substances <br /> 12 Control ( "DTSC" ) , the State agency responsible for enforcing the <br /> 13 Hazardous Waste Control Law, the People were represented in that <br /> 14 action by the District Attorney for the County of San Joaquin <br /> 15 (the "DA" ) . The judgment was based upon a stipulation between <br /> 16 the People and the Defendants , and the terms of the stipulation <br /> 17 were agreed to by DTSC. <br /> 18 The judgment is a valid, final judgment , entered by this <br /> 19 Court on behalf of the People of the State of California at the <br /> 20 request of their duly authorized representative, the District <br /> 21 Attorney, with the concurrence of the agency having express <br /> 22 jurisdiction over the subject matter, the California Hazardous <br /> 23 Waste Control Law. The judgment was entered more than a year <br /> 24 before the Board brought this Motion to Set Aside and vacate or <br /> 25 Amend Judgment (the "Motion" ) . <br /> 26 By this Motion, the State Board of Equalization (the <br /> 27 "Board" ) , purporting to be a representative of the People of the <br /> 28 State of California, is attempting to invalidate that judgment , <br /> 1 <br />