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1 GENERAL FACTUAL ALLEGATIONS <br /> 2 10. Plaintiffs and Defendant Coldani are currently engaged in litigation before the <br /> 3 United States District Court for the Eastern District of California, Sacramento Division, entitle <br /> 4 Coldani v. Hamm, et al., Case Number 07-CV-00660-RRB-EFB ("Federal Action"). In the <br /> 5 Federal Action, Coldani has alleged that Plaintiffs are in violation of the Clean Water Act an <br /> 6 are creating a public nuisance by contaminating groundwater with nitrates. The Federal Actio <br /> 7 is currently in the discovery phase. There have been no determinations or findings o <br /> 8 contamination or of causation of any alleged contamination. <br /> 9 11. Coldani has designated DeArth as his expert witness in the Federal Action. <br /> 10 12. At Coldani's direction, DeArth and Genesis have conducted groundwater testin <br /> 11 on Lima Ranch in furtherance of discovery in the Federal Action. <br /> 12 13. In or around July 2009, Coldani, DeArth and Genesis sent a fact sheet t <br /> 13 landowners living in the vicinity of Lima Ranch ("Fact Sheet"). A true and correct copy of th <br /> 14 Fact Sheet sent to Plaintiffs' neighbors and various third parties ("third parties") is attache <br /> 15 hereto and incorporated herein as Exhibit A. <br /> 16 14. This Fact Sheet was delivered in an envelope that listed Genesis on the return <br /> 17 address ("Envelope"). A true and correct copy of the Envelope sent to third parties is attache <br /> 18 hereto and incorporated herein as Exhibit B. <br /> 19 15. On information and belief, it is common knowledge in the local area that Jac <br /> 20 Hamm and Patricia Hamm operate and do business as Lima Ranch. <br /> 21 16. From the face of the Fact Sheet it appears that this document was published an <br /> 22 distributed by Genesis, DeArth and Coldani. The header of the Fact Sheet lists Coldani' <br /> 23 contact information and address. The Fact Sheet directs all questions to DeArtb of Genesis. <br /> 24 17. Upon receiving the Fact Sheet, third parties, including, but not limited to, Fra <br /> 25 Alegre, have believed that it was sent by the Central Valley Regional Water Quality Control <br /> 26 Board ("RWQCB")because it had contact information for Pamela Creedon and Charlene Herbst. <br /> 27 <br /> 28 <br /> FIERUW.CRABTREE <br /> B <br /> COMPLAINT FOR TEMPORARY RESTRAINING ORDER,PRELIMINARY AND PERMANENT <br /> INJUNCTION,LIBEL PER SE,AND LIBEL PER QUOD <br />