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I collectively referred to as "the Parties") have agreed to settle the alleged violations without <br /> 2 litigation and by lodging this proposed Consent Agreement and Stipulation for Entry of <br /> 3 Final Judgment (hereinafter "Consent Judgment") simultaneously with a Complaint. <br /> 4 Plaintiff believes that the resolution of the violations alleged in the Complaint is fair and <br /> 5 reasonable and fulfills Plaintiff's enforcement objectives, that no further action is <br /> 6 warranted concerning the violations alleged in the Complaint, except as provided pursuant <br /> 7 to this Consent Judgment, and that this Consent Judgment is in the best interest of the <br /> 8 general public. <br /> 9 1. INTRODUCTION <br /> 10 In this action, Plaintiff filed a civil complaint (the "Complaint") in Monterey <br /> 11 County Superior Court against Defendant. The Parties settle this action on the terms set <br /> 12 forth in this Consent Agreement and Stipulation for Entry of Final Judgment (hereinafter <br /> 13 "Consent Judgment"). <br /> 14 2. COMPLAINT <br /> 15 The Complaint alleges that Defendant failed to comply with the requirements of <br /> 16 Chapter 6.5, Division 20 of the California Health and Safety Code arising from <br /> 17 Defendant's treatment and disposal of waste generated from the application of <br /> 18 polycarbonate coating to optical lenses in Defendant's retail stores in California (identified <br /> 19 in Exhibit "A" to the Complaint and referred to herein as the "Covered Facilities"). <br /> 20 Plaintiff asserts that these alleged violations constitute unfair and/or unlawful business <br /> 21 practices, within the meaning of "unfair competition" under Section 17200 of the <br /> 22 California Business and Professions Code. The Plaintiff alleges that, by virtue of its <br /> 23 Health and Safety Code violations, Defendant has engaged in unfair competition <br /> 24 prohibited by California Business and Professions Code §17200 - §17208. A true and <br /> 25 accurate copy of the Complaint is attached as Exhibit "A" hereto. <br /> 26 3. JURISDICTION <br /> 27 Plaintiff and Defendant agree that the Superior Court of California, County of <br /> 28 Monterey, has subject matter jurisdiction over the matters alleged in this action and <br /> -4- <br /> 324/017851-0005 CONSENT AGREEMENT AND STIPULATION FOR <br /> 645783.01 a09/27/05 ENTRY OF FINAL JUDGMENT <br />