In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 3795

DECLARATION of Brent H. Allen in Support re: (235 in 1:04-cv-04973-SAS) MOTION for Settlement Defendant Coastal Chem, Inc.'s Notice of Motion and Motion for Good Faith Settlement.. Document filed by Coastal Chem, Inc.. (Attachments: # 1 Exhibit 01, # 2 Exhibit 02, # 3 Exhibit 03, # 4 Exhibit 04, # 5 Exhibit 05, # 6 Exhibit 06, # 7 Exhibit 07, # 8 Exhibit 08, # 9 Exhibit 09, # 10 Exhibit 10)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(Allen, Brent)

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Exhibit 1 3. An Order declaring that the defendants' gasoline delivery systems constitute a nuisance in the manner they are maintained and operated, and compelling defendants to abate that nuisance; 4. Pursuant to Civil Code section 1882.2, three times the amount of actual damages, plus the cost ofthe suit and reasonable attorneys' fees; 5. Reasonable attorneys' fees pursuant to Code of Civil Procedure section 1021.5 or otherwise, and costs incurred in prosecuting this action, and prejudgment interest to the full extent pennitted by law; and 6. Such and other further relief as the court may deem just and proper. Dated: October 28, 2004 MILLER, AXLINE & SAWYER A Professional Corporation By:_~~=~:-::=:-;~=- 25 _

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