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I 1 JURISDICTION 2 2. The Sacramento County Superior Court has jurisdiction over'the subject matter of this 3 action and the Parties to the Stipulation and Judgment. 4 SETTLEMENT OF DISPUTED CLAIMS I i 5 3. The Parties entered into the Stipulation pursuant to a compromise and settlement of 6 disputed claims set forth in the First Amended Complaint. Defendants do not admit any 7 allegation,finding, or determination alleged in the First Amended Complaint, the Stipulation, or 8 the Violations Summary attached as Exhibit C to the Stipulation. Defendants' agreement to the 9 Stipulation and Judgment is not an admission regarding any issue of law or fact alleged by the 10 State Water Board and may not be construed as an admission by any party or third party. 11 However, Defendants stipulated that the violations set forth in the First Amended Complaint and 12 the Stipulation and Judgment shall be deemed to be admitted for the sole purpose of establishing 13 a repeat violation in any subsequent action or administrative proceeding brought by any I 14 regulatory agency, except violations shall not be deemed admitted for the Covered Facility 15 located at 6421 Capital Avenue, Lodi, CA. All defendants not a party to the Stipulation shall be 16 dismissed without prejudice. 17 APPLICABILITY 18 4. The Stipulation and Judgment applies to: (1) Defendants through each of their 19 respective officers, directors, agents, employees,contractors, consultants, representatives,. 20 successors, assigns, receivers, trustees, and all persons, partnerships, corporations, and-other 21 entities acting under, on behalf of, or in concert with Defendants; and(2) The 11 underground 22 storage tank facilities listed in the First Amended Complaint filed in this action collectively 23 referred to as the "Covered Facilities," and identified on Exhibit B attached to the Stipulation. 24 The Stipulation and Judgment do not impose liability on any third party other than the named 25 Defendants. 26 MATTERS RESOLVED BY THIS STIPULATION AND JUDGMENT 27 5. The Stipulation and Judgment are a final and binding resolution of all claims, 28 violations, and causes of action specifically identified in the Violations Summary, attached as 3 Final Consent Judginent(Case No.34-2014-00164107)