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)

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:_~~=~:-::=:-;~=-

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