was: mu 1? 13": Noose OFFICE OF THE GENERAL COUNSEL SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT KURT R. WIESE, GENERAL COUNSEL State Bar No. 127251 BAYRON T. GILCHRIST, ASSISTANT CHIEF DEPUTY COUNSEL State Bar No. 212393 NICHOLAS SANCHEZ, SENIOR DEPUTY DISTRICT COUNSEL State Bar No. 207998 21865 Copley Drive Diamond Bar, California 91765-0940 Telephone: (909) 396-3400 Attorney for Plaintiff, PEOPLE OF THE STATE OF CALIFORNIA ex rel. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT PEOPLE OF THE STATE OF CALIFORNIA ex rel. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, a Public Entity, Plaintiff, SOUTHERN CALIFORNIA GAS COMPANY, and DOES 1-50, inclusive, Defendants. -1- SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS AN GELES, CENTRAL DISTRICT CASE NO. COMPLAINT FOR CIVIL PENALTIES FOR PUBLIC NUISANCE vs. Health and Safety Code ??41700, 42402 through 42402.2; and District Rule 402 The People of the State of California, on the relation of the South Coast Air Quality Management District, seek to recover civil penalties from defendants and allege as follows: COMMON ALLEGATIONS 1. At all times herein mentioned, plaintiff People of the State of California, on the relation of the South Coast Air Quality Management District (?District? or ?Plaintiff?), was and is organized and existing pursuant to Division 26, Part 3, Chapter 5.5 of the California Health and People v. SoCalGas, et a1. Complaint for Civil Penalties . 010017.. El sir-?aria? Court at Gai?orma .nf LOS: Anneles JAN 2 0 2018 Sherri tax 'v Umow?Clerk By 0369 0120 Deputy grego r'n both??ID 202 m?oc mgeegg 2151 80608322 Exempt From Filing Fees Gov't Code ?6103 Printed on Recycled Paper Safety Code. The District is the sole and exclusive local agency within the South Coast Basin with the responsibility for comprehensive air pollution control. 2. Plaintiff is informed and believes, and thereon alleges, that at all times relevant to this lawsuit, defendant Southern California Gas Company (?Defendant? or ?SoCalGas?) was and is a California corporation duly organized and existing under the laws of the state of California and doing business within the jurisdiction of this Court. Plaintiff is further informed and believes and on that basis alleges that SoCalGas is a public utility engaged in the transmission, storage, and distribution of natural gas in the jurisdiction of the District and of this Court. 3. The true names and capacities, whether individual, corporate, associate, or otherwise, of defendants sued as Does 1 through 50, are unknown to Plaintiff. For that reason the Doc defendants are sued by ?ctitious names. Plaintiff requests that when the true names and capacities of the Doe defendants are ascertained, this complaint and all other proceedings be amended by inserting the true names and capacities of the Doc defendants. Plaintiff alleges on information and belief that each of the Doc defendants is responsible in some manner for the violations alleged in this lawsuit and that the violations were caused by their conduct. 4. At all times relevant to this lawsuit, defendants, and each of them, are legal entities having residence, contacts, and authorization to do and doing business within the jurisdiction of this Court. 5. Plaintiff is informed and believes, and thereon alleges, that at all times relevant to this lawsuit, defendants, and each of them, were the agents, servants and employees of each of the other defendants and were authorized by each other to act, and have acted, as the agents of each other defendant and were acting within the scope of their authority as such agents, servants, and employees and with the permission and consent of each of their co-defendants. 6. At all times herein mentioned, SoCalGas owned and operated the Aliso Canyon Storage Facility located at 12801 Tampa Avenue, Northridge, California (the ?Facility?). The Facility is located within the jurisdiction of the District and subject to the District?s regulatory authority. SoCalGas injects natural gas through injection wells into underground reservoirs at the Facility during warmer months when demand for gas is low and supplies are plentiful. During -2. People v. SoCalGas, et a1. - Complaint for Civil Penalties Printed on Recycled Paper cmummaw I colder months, when demand is high and supplies are scarce, SoCalGas withdraws natural gas from the Facility and distributes the gas to its customers. SoCalGas stores up to 160 billion cubic feet of gas at the Facility. 7. Plaintiff is informed and believes and on that basis alleges that SoCalGas uses Well SS-25 to inject natural gas into underground reservoirs at the Facility and also to withdraw natural gas. Well SS-25 extends approximately 8,500 feet below the surface of the earth and is one of approximately 115 storage wells at the 3,600-acre Facility. 8. Beginning on or about October 24, 2015, SoCalGas discovered a leak at Well SS- 25. Natural gas has leaked from Well 88-25 at an estimated rate of up to approximately 127,868 pounds per hour. To date, SoCalGas has not stopped the leak. 9. Natural gas in its pure state is mostly methane. The natural gas leaking from Well SS-25 contains tetra-butyl mercaptan and tetrahydrothiophene. These are odorants that produce highly offensive rotten-egg odors. Short-term exposure to tetra?butyl mercaptan can cause adverse health effects including, but not limited to, headaches, dizziness, nausea, vomiting, pulmonary irritation, expiratory wheezing, rapid heartbeat, and irritation of the eyes, skin, and mucus membranes. Short-term exposure to tetrahydrothiOphene can cause adverse health effects including, but not limited to, nausea, vomiting, headaches, and irritation of the skin and mucus membranes. 10. Natural gas, tetra-butyl mercaptan, and tetrahydrothiOphene are air contaminants within the meaning of Health and Safety Code section 41700 and District Rule 402. (District Rule 402 is attached hereto as Exhibit A.) 11. Beginning on or about October 24, 2015, and continuing through the present, the District has received over 2,000 odor complaints from the public living or working near the Facility alleging the Facility as the source of the odor. The District has traced some of the odors back to the Facility and to Well SS-25. 12. As the result of the odors and adverse health effects caused by the natural gas leak from Well thousands of people living in the communities near the Facility have been forced to leave their homes, local schools have been closed, and thousands of students have been -3- People v. SoCalGas, et al. - Complaint for Civil Penalties Printed on Recycled Paper relocated. The District is informed and believes and on that basis alleges that if people had stayed in their homes and students had remained in their schools, they would have continued to suffer signi?cant or substantial injuries from odors from the leaking gas. 13. On November 23, 2015, the District issued Notice of Violation P62646 to SoCalGas for causing an ongoing public nuisance in violation of Rule 402 and Health and Safety Code section 41700 due to odors from the natural gas leak from Well 88-25. 14. Each day on which defendants, and each of them, violate District Rule 402 or Sections 41700, 42402, 42402.1, or 42402.2 of the Health and Safety Code, defendants, and each of them, commit a separate violation giving rise to civil penalties. 15. In addition to harming persons living, working, and attending school in the communities near the Facility, SoCalGas? leak has contributed to global warming by emitting billions of cubic feet of methane into the atmosphere. Methane is a greenhouse gas, which warms the earth by absorbing heat energy from the sun and slowing the rate at which heat energy escapes. The United States Environmental Protection Agency has developed a standard to compare the global warming impacts of different greenhouse gases. The standard is called the Global Warming Potential. The Global Warming Potential of carbon dioxide (C02), which is the most common greenhouse gas, is 1. The United States Environmental Protection Agency estimates that the Global Warming Potential for methane is between 28 and 36 over a 100-year period. Global warming has caused signi?cant harm to animals, plants, and people around the globe and poses the risk of greater harm in the future. SoCalGas? methane leak from Well 38-25 has increased the risk of harm in the future from global warming. FIRST CAUSE OF ACTION BY THE DISTRICT AGAINST ALL DEFENDANTS FOR VIOLATION OF DISTRICT RULE 402 AND HEALTH AND SAFETY CODE ??41700 AND 42402(a), 16. Plaintiff refers to and by this reference incorporates herein the foregoing allegations of this Complaint with the same force and to the same extent as though set forth at length herein. 17. Health and Safety Code Section 42402(a) and prohibit any person from -4- People v. SoCalGas, et al. - Complaint for Civil Penalties Printed on Recycled Paper if"? 28 violating Part 4, Division 26, of the Health and Safety Code, which includes Section 41700, or any rule, regulation, permit, or order of an air district, which includes District Rule 402. 18. At all times pertinent hereto, the District had authority to enforce Health and Safety Code section 41700 and had in full force and effect District Rule 402. Both District Rule 402 and Health and Safety Code section 41700 are public nuisance provisions prohibiting any person from discharging air contaminants or other material that, among other things, causes detriment, nuisance or annoyance to any considerable number of persons or to the public, or which endanger the comfort or repose of any such person, or causes or has a natural tendency to cause injury or damage to business or property. 19. Plaintiff is informed and believes and on that basis alleges that beginning on or about October 24, 2015 and continuing to a currently unknown date, SoCalGas has discharged and continues to discharge air contaminants from Well SS-25 causing detriment, nuisance, or annoyance to a considerable number of persons or to the public, or that have endangered the comfort and repose of such persons or the public, so as to be in violation of District Rule 402 and I Health and Safety Code section 41700. SECOND CAUSE OF ACTION BY THE DISTRICT AGAINST ALL DEFENDANTS FOR CAUSING ACTUAL INJURY IN VIOLATION OF HEALTH AND SAFETY CODE ??41700 AND 42402(c) 20. Plaintiff refers to and by this reference incorporates herein the foregoing allegations of this Complaint with the same force and to the same extent as though set forth at length herein. 21. Health and Safety Code Section 42402(c) prohibits any person who owns or operates any source of air contaminants in violation of Section 41700 from causing actual injury to the health and safety of a considerable number of persons or to the public. 22. Plaintiff is informed and believes and on that basis alleges that beginning on or about October 24, 2015 and continuing to a currently unknown date, SoCalGas has owned and operated the Facility in violation of Health and Safety Code Section 41700 due to odors, and odors from gas leaking from Well 88-25 at the Facility have caused actual injury to a considerable persons or to the public living and working near the Facility, including, but not limited to, -5- People v. SoCalGas, et al. - Complaint for Civil Penalties Printed on Recycled Paper in i a- wheezing. 23. headaches, dizziness, nausea, nose bleeds, and respiratory distress including coughing and THIRD CAUSE OF ACTION BY THE DISTRICT AGAINST ALL DEFENDANTS FOR NEGLIGENT EMISSION OF AIR CONTAMINANTS IN VIOLATION OF DISTRICT RULE 402 AND HEALTH AND SAFETY CODE ??41700 AND 42402.1(a) Plaintiff refers to and by this reference incorporates the forgoing allegations of this Complaint with the same force and to the same extent as though set forth at length herein. 24. Health and Safety Code Section 42402.1(a) prohibits the negligent emission of an air contaminant in violation of Part 4, Division 26, of the Health and Safety Code, which includes Section 41700, or of any rule, regulation, permit, ororder of an air district, which includes District Rule 402. 25. Plaintiff is informed and believes and on that basis alleges that SoCalGas? negligence caused the leak from Well 88-25 by, including, but not limited to, negligently designing Well SS-25, including the well casing; negligently constructing Well SS-25, including the well casing; negligently operating the Facility; negligently operating Well negligently inspecting the Facility; negligently inspecting Well negligently responding tothe leak from Well negligently hiring contractors and others to design, construct, inspect, or operate the Facility or Well 88-25; and negligently overseeing contractors and others who designed, constructed, inspected, or operated the Facility or Well 88-25. 26. Plaintiff alleges that beginning on or about October 24, 2015 and continuing to a currently unknown date SoCalGas?s negligence has resulted in the negligent emission of an air contaminant in violation of Health and Safety Code section 41700 and District Rule 402. -6- People v. SoCalGas, et al. Complaint for Civil Penalties Printed on Recycled Paper LuFOURTH CAUSE OF ACTION BY THE DISTRICT AGAINST ALL DEFENDANTS FOR NEGLIGENT EMISSION OF AIR CONTAMINANTS CAUSING GREAT BODILY INJURY IN VIOLATION OF HEALTH CODE ??41700 AND 42402.1(b) 27. Plaintiff refers to and by this reference incorporates the foregoing allegations of this Complaint with the same force and to the same extent as though set forth at length herein. 28. Health and Safety Code section 42402.1(b) prohibits any person who negligently emits an air contaminant in Violation of Health and Safety Code Section 41700 from causing great bodily injury. 29. Plaintiff is informed and believes and on that basis alleges that SoCalGas? negligent emission of an air contaminant from the Facility in violation of Health and Safety Code section 41700 beginning on or about October 24, 2015 and continuing to a currently unknown date has caused great bodily injury to persons living, working, or attending school near the Facility. FIFTH CAUSE OF ACTION BY THE DISTRICT AGAINST ALL DEFENDANTS FOR KNOWING EMISSION OF AIR CONTAMINANTS IN VIOLATION OF DISTRICT RULE 402 AND HEALTH AND SAFETY CODE ??41700 AND 42402.2(a) 30. Plaintiff refers to and by this reference incorporates herein the forgoing allegations of this Complaint with the same force and to the same extent as though set forth at length herein. 31. Health and Safety Code Section 42402.2(a) prohibits any person from emitting an air contaminant in violation of Part 4, Division 26, of the Health and Safety Code, including Section 41700, or any rule, regulation, permit, or order of an air district, including District Rule 402, who knew of the emission and failed to take corrective action within a reasonable period of time under the circumstances. 32. Plaintiff alleges that beginning on or about October 24, 2015 and continuing to a currently unknown date, SoCalGas emitted an air contaminant in violation of District Rule 402 and Health and Safety Code section 41700; that SoCalGas knew of the emission; and that SoCalGas failed to take corrective action within a reasonable period of time under the -7- People v. SoCalGas, et al. - Complaint for Civil Penalties Printed on Recycled Paper ifcircumstances. SIXTH CAUSE OF ACTION BY THE DISTRICT AGAINST ALL DEFENDANTS FOR KN OWING EMISSION OF AIR CONTAMINANTS CAUSING GREAT BODILY INJURY IN VIOLATION OF HEALTH AND SAFETY CODE ??4l700 AND 42402.2(b) 33. Plaintiff refers to and by this reference incorporates herein the foregoing allegations of this Complaint with the same force and to the same extent as though fully set forth at length herein. 34. Health and Safety Code Section 42402.2(b) prohibits any person who owns or operates any source of air contaminants in violation of Section 41700 that cause great bodily injury to any person and who knew of the emission from failing to take corrective action within a reasonable period of time under the circumstances. 35. Plaintiff alleges that beginning on or about October 24, 2015 and continuing to a currently unknown date, SoCalGas owned and operated a source of air contaminants in violation of Health and Safety Code Section 41700 that caused great bodily injury to a person or persons living, working, or attending school near the Facility; SoCal gas knew of the emission; and SoCalGas failed to take corrective action within a reasonable period of time under the circumstances. ON FIRST CAUSE OF ACTION 1. For civil penalties as prescribed in California Health and Safety Code section 42402(b)( 1) in the amount of Ten Thousand Dollars per violation for each and every day of violation in accordance with the proof; ON SECOND CAUSE OF ACTION 2. For civil penalties as prescribed in California Health and Safety Code section 42402(c) in the amount of Fifteen Thousand Dollars per violation for each and every day of violation in accordance with the proof; ON THIRD CAUSE OF ACTION 3. For civil penalties as prescribed in California Health and Safety Code section -3- People v. SoCalGas, et al. - Complaint for Civil Penalties Printed on Recycled Paper 42402. 1 in the amount of Twenty-Five Thousand Dollars per violation for each- and every day of violation in accordance with the proof; ON FOURTH CAUSE OF ACTION 4. For civil penalties as prescribed in California Health and Safety Code section 42402.1(b) in the amount of One Hundred Thousand Dollars per violation for each and every day of violation in accordance with the proof. ON FIFTH CAUSE OF ACTION 5. For civil penalties as prescribed in California Health and Safety Code section 42402.2(a) in the amount of Forty Thousand Dollars per violation for each and every day of violation in accordance with the proof. ON SIXTH CAUSE OF ACTION 6. or civil penalties as prescribed in California Health and Safety Code section 42402.2(b) in the amount of Two Hundred Fifty Thousand Dollars per violation for each and every day of violation in accordance with the proof. ON ALL CAUSES OF ACTION 1. For costs of suit incurred herein; 2. For such other and further relief as to the Court deems just and pmper. Dated: January 26, 2016 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT By: {a KURT R. WIESE General Counsel -9- People v. SoCalGas, et al. - Complaint for Civil Penalties Printed on Recycled Paper EXHIBIT A . if} I RULE 402. (Adopted May 7, 1976) NUISANCE A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or'which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. The provisions of this rule shall not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals. 402-1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, S.ar number, and address): . WIESE SBN 12 7251 BAYRON . GILCHRIST SBN: 2 12 3 93 OFFICE OF THE GENERAL COUNSEL SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 21865 COPLEY DRIVE, DIAMOND BAR, CA 91765 . FOR COURT USE ONLY Tarpnoneno. 909-396-3400 more. FAX NO: 909-396-296 ATTORNEY FOR (Name): PEOPLE OF THE STATE OF CALIFORNIA ex rel. SCAQMD '3 Ug??dr Court of Califor?IE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES .m int? I no A music:- STREET ADDRESS: 1 11 . HILL STREET MAILING ADDRESS: 111 . HILL STREET CITY AND ZIP CODE: LOS ANGELES CA 9 1 2 BRANCH NAME: CENTRAL DISTRICT STANLEY MOSK COURTHOUSE JAN 2 6 2015 CASE NAME: PEOPLE OF THE STATE OF CALIFORNIA ex rel. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT summat- r,bx Omconctem By ,Deputy CIVIL CASE COVER SHEET Complex Case Designation ?35 ?W?b 3 2 2 Unlimited I: LAmited Cl Counter Joinder Amount mount - - . GEE gemanded is Filed With ?rst appearance by defendant JUDGE- 5. 5mm $251000 or less) (Cal. Rules of Court. rule 3.402) DEPT. I I I Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Auto (22) I: Breach of contract/warranty (06) Cl Uninsured motorist (46) I: Rule 3.740 collections (09) magnetism:term? nsurance coverage (18) Asbestos (04) Other contract (37) Product liability (24) Real Property Medical malpractice (45) I: Eminent domain/Inverse :1 Other PUPDAND (23) condemnation (14) (Other) Tort ?3 (33) I: Business tOItiunfair business practice (07) Other real property (26) I: Civil rights (08) Unlawful Detainer I: Defamation (13) CI Commercial (31) Fraud (15) Residential (32) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) l:l Antitrust/Trade regulation (03) Cl Construction defect (10) :1 Mass tort (40) I: Securities litigation (28) Environmental/Toxic tort (30) Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment CI Enforcement of judgment (20) Miscellaneous Civil Complaint RICO (27) [3 Intellectual property (19) Cl Drugs (38) I: Other complaint (not speci?ed above) (42) Professional negligence (25) Judicial Review Miscellaneous Civil Petition :1 Other tort (35) I: Asset forfeiture (05) CI Partnership and corporate governance (21) Employment CI Petition re: arbitration award (11) Other petition (not speci?ed above) (43) Wrongful termination (36) El Writ of mandate (02) Other employment (15) El Other judicial review (39) 2. This case is is not complex under rule 3.400 of the California Rules of Court. lfthe case is complex. mark the factors requiring exceptional judicial management: a. Large number of separately represented parties d. I: Large number of witnesses b. I: Extensive motion practice raising dif?cult or novel e. Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties. states. or countries, or in a federal court 0. Substantial amount of documentary evidence f. Substantial postjudgmentjudicial supervision 3. Remedies sought (check all that apply): a. monetary b. I: nonmonetary; declaratory or injunctive relief c. punitive 4:23Number of causes of action (specify): 6 E?T'This case is is not a class action suit. If there are any known related cases. ?le and serve a notice of related case. (You may use form Date: January 26. 2016 KURT . WI ESE 1 (TYPE OR PRINT NAME) I (SIGNATURE ATTORNEY FOR PARTY) NOTICE .oaPlaintiff must ?le this cover sheet with the ?rst paper ?led in the action or proceeding (except small claims cases or cases ?led under the Probate Code. Family Code, or Welfare and Institutions Code). (Cal. Rules of Court. rule 3.220.) Failure to ?le may result min sanctions. File this cover Sheet in addition to any cover sheet required by local court rule. If this case is complex under rule 3.400 et seq. of the California Rules of Court. you must serve a copy of this cover sheet on all other parties to the action or proceeding. Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes (gnlyi '2 age 0 CIVIL CASE COVER SHEET egg] Cal. Rules of Court. rules 2.30. 3.220. 3.400-a403, 3.740; 80 Form Adopted for Mandatory Use Judicial Council of California CM-O10 [Reva July 1. 2007] Cal. Standards of Judicial Administration. std. 3.10 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 To Plaintiffs and Others Filing First Papers. If you are ?ling a ?rst paper (for example. a complaint) in a civil case. you must complete and ?le, along with your ?rst paper. the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases ?led. You must complete items 1 through 6 on the sheet. In item 1. you must check one box for the case type that best describes the case. if the case ?ts both a general and a more Speci?c type of case listed in item 1. check the more Speci?c one. If the case has multiple causes of action. check the box that best indicates the primary cause of action. To assist you in completing the sheet. examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be ?led only with your initial paper. Failure to ?le a cover sheet with the ?rst paper ?led in a civil case may subject a party. its counsel. or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is de?ned as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees. arising from a transaction in which property. services. or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages. (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identi?cation of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules. unless a defendant ?les a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only. parties must also use the Civil Case Cover Sheet to designate whether the case is complex. if a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex. the cover Sheet must be served with the complaint on all parties to the action. A defendant may ?le and serve no later than the time of its ?rst appearance a joinder in the plaintiff?s designation, a counter-designation that the case is not complex. or. if the plaintiff has made no designation. a designation that the case is complex. Auto Tort Auto Injury/Property DamageNVrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other (Personal Injury! Property DamagelWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury] Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice.L Physicians Surgeons Other Professional Health Care Malpractice Other (23) Premises Liability slip and fall) intentional Bodily assault. vandalism) Intentional ln?iction of Emotional Distress Negligent In?iction of Emotional Distress Other (Other) Tort :Business Tort/Unfair Business Practice (07) 5'"Civil Rights discrimination. false arrest) (not civil harassment) (08) irDefamation slander. libel) (13) ?'Fraud (16) i..l_ntellectual Property (19) .n Professional Negligence (25) it" Legal Malpractice 73 Other Professional Malpractice (not medical or legal) i't?bther Tort (35) Employment "Wrongful Termination (36) Other Employment (15) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach?Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract;l Warranty Other Breach of Contract/Warranty Collections money owed . open book accounts) (09) Collection Case?Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landlord/tenant. or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise. report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ?Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Of?cer Order Notice of Appeal-Labor Commissioner Appeals Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400?3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certi?cation of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint ,Case (non-tort/non-complex) Other Civil Complaint Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not speci?ed above) (43) Civil Harassment ,Workplace Violence . Elder/DependentAdult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition CM-010 (Rev. July 1. 2007] CIVIL CASE COVER SHEET Page 2 of 2 . SHORTTITLE: pEopLE ex rel. MANAGEMENT DISTRI CT SOUTH COAST AIR QUALITY CASE NUMBER CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) This form is required pursuant to Local Rule 2.3 in all new civil case ?lings in the Los Angeles Superior Court. Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case: JURY CLASS YES LIMITED YES TIME ESTIMATED FOR 5 DAYS Item II. Indicate the correct district and courthouse location (4 steps - If you checked "Limited Case", skip to Item Ill, Pg. 4): Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for your case in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected. Step 2: Check Superior Court type of action in Column below which best describes the nature of this case. Step 3: In Column C, circle the reason for the court location Choice that applies to the type of action you have checked. For any exception to the court location, see Local Rule 2.3. Applicable Reasons for Choosing Courthouse Location (see Column below) 1. Class actions must be ?led in the Stanley Mosk_ courthouse. central district. 6. Location of property or permanently garaged vehicle. 2. May be ?led in central (other county, or no bodily Injury/property damage). 7. Location where petitioner resides. 3. Location where cause of action arose. 8. Location wherein defendant/res ondent functions wholly. 4. Location where bodily injury, death or dama occurred. 9. Location where one or more of he arties reside. 5. 10. Location of Labor Commissioner 0 Ice Location where perforrnanoe required or de endant resides. 1 1. Mandatory Filing Location (Hub Case) Step 4: Fill in the information requested on page 4 in Item Ill; complete Item IV. Sign the declaration. A Applicable Civil Case Cover Sheet Type of Action Reasons - See Step 3 Category No. (Check only one) Above 3 Auto (22) A7100 Motor Vehicle - Personal Injury/Property Damage/Wrongful Death 1., 2., 4. g: Uninsured Motorist (46) I: A7110 Personal Injury/Property Damage/Wrongful Death - Uninsured Motorls 1., 2., 4 A6070 Asbestos Property Damage 2. Asbestos 04 t. A7221 Asbestos Personal Injuryl'Wrongful Death 2. q, 0 Dril- Product Liability (24) A7260 Product Liability (not asbestos or toxiclenvironmentalA7210 Medical Malpractice - Physicians 8. Surgeons 1., 4. IMI act'ce 45 a ed'ca El A7240 Other Professional Health Care Malpractice 1., 4. C5 ?x 0 gift: I) A7250 Premises Liability slip and fall) 1" 4. a. 01 Other Personal 31% Injury property A7230 Intentional Bodin Injury/Property Damage/Wrongful Death 1" 4. Damage Wrongfu assault, vandalism, etc.) 1 3 Death (23) El A7270 Intentional In?iction of Emotional Distress I: A7220 Other Personal Injury/Property Damage/Wrongful Death 1-t4- LACIV 109 (Rev 3115) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.3 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 1 0f 4 LA-CVI 09 0 SHORT PEOPLE ex rel . MANAGEMENT DISTRICT SOUTH COAST AIR QUALITY CASE NUMBER A I Applicable Civil Case Cover Sheet Type Of Action Reasons - See Step 3 Category No. (Check only one) Ab?Ve E. BUSINESS Tort (07) A6029 Other Commercial/Business Tort (not fraudlbreach of contractRights (08) l: A6005 CIVII Rights/Discrimination 1Defamation (13) A6010 Defamatlon (slander/Ilbel) 1.. 2.. 3 2 Fraud (16) A6013 Fraud (no contractProfessional Negligence (25) A6017 LegalMalpraCt'ce 1" El A6050 OtherProfessional Malpractice (not medical or legal) 1.. .. 3. r: Other (35) A6025 Other Non-Personal Injury/Property Damage tort 2.3 Wrongful Termination (36) I: A6037 Wrongful Termination 1.. 2.. 3 3' A6024 Other Employment Complaint Case 1.. 2.. 3 '5 Other Employment (15) I I El A6109 Labor CommissmnerAppeals 10. A6004 Breach of Rental/Lease Contract (not unlawful detainer or wrongful 2 5 eviction) Breach of Contract) Warranty A6008 Contract/Warranty Breach -Seller Plaintiff (no fraud/negligence) 2" 5' El A6019 Negligent Breach of Contract/Warranty (no fraud) 1" 2" 5' (not insurance) 1 2 5 A6028 OtherBreach of Contract/Warranty (not fraud or negligence) ?6 A6002 Collections Case-Seller Plaintiff 2..5..6.11 2 Collections (09) f: A6012 Other Promissory Note/Collections Case 2.. 5. 11 I: A6034 Collections Case-Purchased Debt (Charged Off Consumer Debt 5. 6. 11 Purchased on or after January 1. 2014) Insurance Coverage (18) Cl A6015 Insurance Coverage (not complex) 1.. 2.. 5.. 8. CI A6009 Contractual Fraud 1.. 2.. 3.. 5. Other Contract (37) El A6031 Tortious Interference 1.. 2.. 3.. 5. A6027 Other Contract Dispute(not 1.. 2.. 3.. 8. Em?girgeenog?lon?lmffe I: A7300 Eminent Domain/Condemnation Number of parcels 2. . . . g. Wrongful EVIctlon (33) A6023 Wrongful Case 2.. 6. i .5) ?2 A6018 Mortgage Foreclosure .. '1 Other Real Property (26) A6032 Quiet Title .. Cl A6060 Other Real Property (not eminent domain, landlord/tenant. foreclosure) .. . Un'anU' De?g??r'commerc'a' A6021 Unlawful Detainer?Commercial (notdrugs or wrongful evictionunlanu' Deta'mr'Res'dent'al I: A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction) 2.. 6. .5 (32) . Unlawful Detainer- . A6020F Unlawful Detainer-Post-Foreclosure 2.. 6. .71 Post-Foreclosu re (34) Unlawful Detainer-Drugs (38) A6022 Unlawful Detainer?Drugs 2.. 6. LACIV 109 (Rev 3/15) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.3 LASC Approved 0304 AND STATEMENT OF LOCATION Page 2 of 4 SHORT TITLE: PEOPLE ex rel . MANAGEMENT DISTRICT SOUTH COAST AIR QUALITY CASE NUMBER A . i - .. -C Applicable Civil Case Cover Sheet Type of Action Reasons - See Step 3 Category No. (Check only one) Above Asset Forfeiture (05) I: A6108 Asset Forfeiture Case 5, 5 Petition re Arbitration (11) CI A6115 Petition to Compel/Con?rmNacate Arbitration 2? 5_ '5 A6151 Writ-Administrative Mandamus 2., 8. Writ 0f Mandate (02) A6152 Writ - Mandamus on Limited Court Case Matter 2. A6153 Writ - Other Limited Court Case Review 2. 5 OtherJudicial Review (39) A6150 OtherWrit [Judicial Review 2., 8. 5 Antitrustfl'rade Regulation (03) A6003 Antitrust/Trade Regulation 1., 2., 8 :23? Construction Defect (10) A6007 Construction Defect 1., 2., 3 3 Cla'ms lWowI?g M353 Tort A6006 Claims Involving Mass Tort 1., 2., 8 0 Securities Litigation (28) A6035 Securities Litigation Case 1., 2., 8 T?'t A6036 To 'c Tort/En '0 ental 1 2 3 8 .3 Environmental (30) x' "m Insurance Coverage Claims I: . from Complex Case (41) A6014 Insurance Coverage/Subrogatlon (complex case only) 1., 2., 5., 8. Cl A6141 Sister State Judgment 2., 9. A6160 Abstract ofJudgment Enforcement I: A6107 Confession ofJudgment (non-domestic relations) 2., 9. B, ?fJUd9m?m<2m A6140 Administrative Agency Award (not unpaid taxes) 2., 8. LEI '5 CI A6114 PetitionlCerti?cate forEntry of Judgment on Unpaid Tax 2., 8. A6112 Other Enforcement ofJudgment Case 2., Rico (27) El A6033 Racketeering (RICO) Case 1., 2,8 C) A6030 Declaratory Relief Only 1., 2., 8. Other-Complaints I: A6040 Injunctive Relief Only (not domestic/harassment) 2., 8. 10?; :5 (Not Speci?ed Above) (42) A6011 Other Commercial Complaint Case (non-tortlnon-complex) 1., 2., 8. A6000 Other Civil Complaint (non?tortlnon-complex) 1., 2., 8. - Partnersmp corporation A6113 Partnership and Corporate Governance Case 2-- 8- i in} Governance (21) "9 A6121 Civil Harassment g. A6123 Workplace Harassment 2., 3., 9. Otherpetmons (Not I: A6124 Elder/Dependent Adult Abuse Case 2., 3,9. aft?3&3 Speci?ed Above) (43) A6190 Election Contest 2. E3 A6110 Petition for Change of Name 2,7. I: A6170 Petition for Relief from Late Claim Law 2., 3., 4., a. .57, I: A6100 Other Civil Petition 2., 9. 1.) LACIV 109 (Rev 3115) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.3 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 3 of 4 . . 7. SHORTTITLE PEOPLE ex rel. SOUTH COAST AIR QUALITY CASENUMBER MANAGEMENT DI STRI CT Item Ill. Statement of Location: Enter the address of the accident, party?s residence or place of business, performance, or other circumstance indicated in Item il., Step 3 on Page 1, as the proper reason for filing in the court location you selected. ADDRESS: ALISO CANYON STORAGE FACILITY, REASON: Check the appropriate boxes for the numbers shown . under Column for the type of action that you have selected for 12 8 TAMPA AVENUE NORTHRIDGE CA 9 13 2 6 this case. IE1 D7. 1. CITY: STATE: ZIP CODE: LOS ANGELES CA 90012 Item IV. Declaration of Assignment I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that the above-entitled matter is properly ?led for assignment to the STANLEY MOSK courthouse in the CENTRAL Rule 2.3, subd. District of the Superior Court of California. County of Los Angeles [Code Civ. Proc., 392 et seq., and Local OF ATTORNEYIFILING PARTY) KURT . WIESE Dated: January 2 6 . 2 0 16 PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY COMMENCE YOUR NEW COURT CASE: 1. Original Complaint or Petition. 2 If filing a Complaint, a completed Summons form for issuance by the Clerk. 3. Civil Case Cover Sheet, Judicial Council form CM-010. 4 Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev. 03/15). Payment in full of the filing fee, unless fees have been waived. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-OIO, if the plaintiff or petitioner is a minor under 18 years of age will be required by Court in order to issue a summons. 7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum must be served along with the summons and complaint, or other initiating pleading in the case. Local Rule 2.3 Page 4 of 4 CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION LACIV 109 (Rev 3/15) LASC Approved 03-04