Laserfiche WebLink
1 62. Defendants willfully and maliciously published the aforementioned statementsc <br /> 2 with knowledge of their inaccuracy and the effect that they would have on their readers. <br /> 3 WHEREFORE, Plaintiffs pray for relief as set forth below. <br /> 4 THIRD COUNT <br /> 5 Libel Per Quod <br /> (Against all Defendants) <br /> 6 <br /> 7 63. Plaintiffs incorporate by reference the allegations set forth in paragraphs 1 to 62 <br /> as fully set forth herein. <br /> 8 <br /> 9 64. From the face of the Fact Sheet it appears that this document was published an <br /> distributed by Genesis, DeArth and Coldani. The header of the Fact Sheet lists Coldani's contac <br /> 10 <br /> information and address. The Fact Sheet directs all questions to DeArth of Genesis and contain <br /> 11 <br /> his contact information. As evidenced by the Envelope, Genesis mailed the Fact Sheet t <br /> 12 <br /> Plaintiffs' neighbors and various third parties. <br /> 13 <br /> 65. DeArth is the President and a Member of Genesis. DeArth and Genesis arc <br /> 14 <br /> Coldani's agents as Coldani has hired DeArth as an expert witness in the Federal Action, whic <br /> 15 <br /> is based in part on some of the same allegations contained in the Fact Sheet. <br /> 16 <br /> 17 66. Coldani has admitted to third parties that he is responsible for publishing an <br /> distributing the Fact Sheet. <br /> 18 <br /> 19 67. The statements published in the Fact Sheet are not only defamatory on their face, <br /> but are also defamatory by the implications and innuendoes they make. <br /> 20 <br /> 68. The statement that "local groundwater has been contaminated with nitrates as th <br /> 21 <br /> 22 result of improver and unlawful dairy operations at the Lima Ranch Dairy" is both defamatory <br /> on its face and by its implication as it falsely alleges that Lima Ranch operates in an unlawful <br /> 23 <br /> manner. (Emphasis added). <br /> 24 <br /> 69. Lima Ranch is in fact operating in a lawful manner and is in compliance with al <br /> 25 <br /> RWQCB regulations including WDR 2007-035. Aside from the regular inspections that the <br /> 26 <br /> RWQCB conducts for all dairies, the RWQCB is not investigating Lima Ranch for an <br /> 27 <br /> violations. <br /> 28 <br /> (_ 70. The file that the RWQCB maintains with regard to Lima Ranch shows that: <br /> 1ERUM`.CRABTREE <br /> 12 <br /> COMPLAINT FOR TEMPORARY RESTRAINING ORDER,PRELIMINARY AND PERMANENT <br /> INJUNCTION,LIBEL PER SE,AND LIBEL PER QUOD <br />