FIELD DOCUMENTS - Laserfiche WebLink

Home Browse Search

1 croplands" are both defamatory on their face and by implication in that they suggest that there i 2 data proving that the source of nitrates in and around the Lima Ranch property is caused by Lim 3 Ranch's dairy operation. Lima Ranch is unaware of any data that conclusively shows that Lim 4 Ranch is the primary source of such contamination. 5 23, The Fact Sheet also falsely implies that the California Regional Water Quality 6 Control Board-Central Valley Region ("RWQCB") is investigating Lima Ranch in that i 7 requests Lima Ranch's neighbors "To assist the Water Board ... to act quickly in response to the 8 contamination" by providing information to Charlene Herbst, Unit Chief, and Pamela Creedon 9 Executive Officer, of the RWQCB. It further provides contact information for both Ms.Herbs 10 and Ms. Creedon. 11 24. The Fact Sheet further misleadingly accuses Lima Ranch of creating a sever 12 health hazard by stating that data shows that the levels of nitrogen in the groundwater is a 13 "levels more that 10 times the California Maximum Contaminant Level (MCL) established 14 by the Department of Health Services" and that "[t]he MCL is the amount of nitrate that, i 15 exceeded may cause adverse health affects [sic]." (Emphasis in original). 16 25. The MCL established by the California Department of Health Services onl 17 establishes a level that is safe for drinking water. 22 CCR § 63341. The Fact Sheet misleading) 18 and falsely asserts that exceeding the MCL alone can cause adverse health effects withou 19 clarifying that it will only have such effects if the water is consumed or ingested. 20 26. These false and misleading statements were published to third parties including 21 but not limited to Plaintiff's neighbors. 22 27. It is clear from reading the Fact Sheet that the false and misleading statement 23 were made about Lima Ranch. 24 28. On information and belief, these third parties understood the false and misleadin 25 statements to be about Lima Ranch, Jack Hamm, and Patricia Hamm. 26 29. On information and belief, these third parties understood that the statement 27 meant that Lima Ranch was operating in an unlawful manner so as to cause severe groundwate C= 28 pollution in the region which could have severe adverse health effects. On information an HERUt�.CRABTREE . 5 COMPLAINT FOR TEMPORARY RESTRAINING ORDER,PRELIMINARY AND PERMANENT INJUNCTION,LIBEL PER SE,AND LIBEL PER QUOD