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1 water. 22 CCR § 63341. The Fact Sheet misleadingly and falsely asserts that exceeding the <br /> 2 MCL alone can cause adverse health effects without clarifying that it will only have such effect <br /> 3 if the water is consumed or ingested. <br /> 4 54. These statements were published to third parties including, but not limited t <br /> 5 Plaintiffs' neighbors <br /> 6 55. It is clear on the face of the document that the false and misleading statement <br /> 7 were made about Lima Ranch. <br /> 8 56. On information and belief, these third parties understood these statements to b <br /> 9 about Lima Ranch, Jack Hamm, and Patricia Hamm. <br /> 10 57. On information and belief, these third parties understood that the statement <br /> 11 meant that Lima Ranch was operating in an unlawful manner so as to cause severe groundwate <br /> 12 pollution in the region which could have severe adverse health effects. On information an <br /> 13 belief, these third parties may interpret the statements to mean that Lima Ranch was bein <br /> 14 investigated by the RWQCB, as Mr. Alegre understood the statements to mean Lima Ranch wa <br /> sc <br /> 15 being investigated by the RWQCB. <br /> 16 58. As a result of the Federal Action, Defendants know that Lima Ranch is operating <br /> 17 in compliance with WDR 2007-035, that the RWQCB is not investigating Lima Ranch, and that <br /> 18 groundwater analysis has not conclusively identified the source of nitrate contribution. <br /> 19 59. Defendants also know or should have known that the state standard for MCL <br /> 20 pertains to drinking water standards and is only harmful when used for domestic purposes like <br /> 21 drinking water, not when such water is used for agricultural purposes. Drinking water standard <br /> 22 (in MCLS) are much higher than the standards for agricultural uses. The standard for agricultural <br /> 23 use depends on what type of crop the water is being applied to. <br /> 24 60. Defendants failed to use reasonable care to determine the truth or falsity of th <br /> 25 statements contained in the Fact Sheet and disseminated to the local community. <br /> 26 61. As a result of Defendants' actions, Lima Ranch, Jack Hamm and Patricia Hamm' <br /> 27 reputations, business, property, profession, occupation and good will have been damaged in the <br /> 28 community and in the dairy industry. <br /> 4RUW CRAFREE <br /> 11 <br /> COMPLAINT FOR TEMPORARY RESTRAINING ORDER,PRELIMINARY AND PERMANENT <br /> INJUNCTION,LIBEL PER SE,AND LIBEL PER QUOD <br />