Preview
10
Ul
12
13
14
15
16
7
18
19
20
21
2
23
24
25
26
27
28
a
ROBERTS + ELLIOTT
Law Corporation
JAMES ROBERTS, Esq. (SBN 98804)
150 Almaden Boulevard
Suite 950
San Jose, CA 95113
Telephone: (408) 275-9800
Fax: (408) 287-3782
Attorneys for Plaintiff/Cross-Defendant
Brokaw San Jose LLC
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
BROKAW SAN JOSE LLC, a California
Limited Liability Company,
Plaintiff,
v.
PACIFIC BAY RECYCLING CENTER,
INC., a California Corporation, DOES
ONE through TWENTY-FIVE, inclusive,
Defendants.
AND RELATED CROSS-COMPLAINT
Case No. 17CV318752
PLAINTIFF/CROSS-DEFENDANT
BROKAW SAN JOSE LLC REQUEST
FOR JUDICIAL NOTICE IN SUPPORT
OF MOTION IN LIMINE # 2
Judge: Patricia Lucas
File Date: November 7, 2017
Trial Date: September 23, 2019
PLAINTIFF/CROSS-DEFENDANT BROKAW SAN JOSE LLC REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF MOTION IN LIMINE # 2Plaintiff/Cross-Defendant Brokaw San Jose LLC requests judicial notice pursuant
to Evidence Code Sections 401-403 of the attached judicial records in the case of People
v Tung Tai Group, Inc. C1085634.
ROBERTS # ELLIOTT
Law Corporation
Attorneys for Plaintjif
Brokaw San José, LLC
DATED: A-2 ENS
PLAINTIFF/CROSS-DEFENDANT BROKAW SAN JOSE LLC REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF MOTION IN LIMINE #2Ls SUPERTOR COURT
3 . CASE NO. CLOBS O34
190 W. KHEDDING ST T CEN On
,SAN JOSE, CA SS110 DATE OBSBP/2O14 1230 PMPEPT. Ba
PEOPLE VS. TUNG TAT GROUP, TING
LKA, 1726 ROGERS AVENU CLERK STEROS
SAN JOS
HEARING IBATION AND
JUDGE HON. PH DV AGENCY °
REPORTER |. , SHINN
CHU DY _ pyatus ~ -
DEF. ATTY. RUBY, ALLE 0) ba @ TORT: hoo
CHARGES FOL FCOLG)
Nex A ARANCE. 5 __ _
jafbalatlcdht prosont. [] Not Present Aty Presont ZF. Sh 15 6% AD / PD /IDO/ Special App
(DIAn'd 0 Adv (1) Am Wav CD) Amend Comp/info(j Arr (j Plea IDC (]PTC [J Prob/Sent [J Interpreter _.__ Sworn
QPC977 (Filed [On File [ Reptr. Adv / Wav (] Ball/ OR/ SORP [] Rect Dr Rpt (] FAR/ ERC [) Bail Apply [] Balance Exonorated _
ONG [Entered by CRT [] NGBRI/ Adv CJPSet []Prelim (] Readiness []S/BMTC [Ball Exonerated (J Forfelted Bond #.
(2 Denies Priors/ Allegations/ Enhancements/Refusal [] Further [] Jury [] CT [] Peo/ Def Wav Jury (| Reassumption Filed (1 Forfelture Set Aside [J Ball Rein
COTW CITNW OTW/WD L]TWSontoncs [jAefd___ FG ___ Costs Within 30 Days to Court
[Ref /Appt PD/ADO/ID0 [] Con Decl] Adm A/F CAPO/DADS/ Prop 36 [)P36Re-Assmt | SORP/OR [}Revokod [j Reinstated [] May Post & Forfelt
Q—___Reloved_-____nopid_, [Crim roc Susp (Ren [Stas Hg (BW Ordered $_______ [Stayed [1] To Issuo
Hr on Motion ‘Lot HU ues (Doubt Dec! Pursuant PC 1368 CINo Cito Release/SCIT [[] No Request [] Cash Only
Bganes CIDeniod [7] Submited [] Off Cal [)Subm on Report [} Found —__ J BW Sel Aso. Foal Fd Con Ors CNW
Stip to Comm []Drs. Appointed (Max Term (Commitied A Proto. (DIA Ute fee LD.
(Prelim Wav [ Certified to General Jurisdiction [) MOA / COM Amended to im } T
[Amended to [i (M) Vot2500(a) / VC23103(a) C] Pur VC23103.5 [J DA Simt Filed Leo eit
PLEA Conditions: oO None ([] No State Prison [] PC17 after 1 Yr Prob [J Includes VOP i
(vail / Prison Term of __». — (Add to Cal [7 Vacate pending date
A Dismissal / Striking “TMVA OA S= eT C1 Subm time of Sent 1 Harvey Stip
[1] Adv Max Pen / Parole / Prob / Immig / Appeal [-] Reg HS11590/PC290/PC457.1/PC186.30 [J FSF [| Finos/Fees (-] PC29800/29805/30305/660/VC14607.8
(Wav Right to°[J Counsel [1] Court / Jury Trial ((] Subpoena / Confront / Examine Witnesses [] Self-incrimination [] Written Waiver filed [] Plea / Absentia filed
CICOP [] GUILTY [) NOLO CONTENDERE to charges & admits enhancements / allegations / priors 1] PC17 [Arbuckle (J Factual Basis found (] Findings stated
1 Prop 36 Granted / Unamenable / Refused / Term [7] DEd Eligibility Filed [] DEJ Granted / Rein/Term Fee $. OD Gullty Plea Rendered
(Ci Waives Referral [APO Full Rpt C]CR110 issued Fines/Fees Payto: []DOR []Traffic [Court []Today [)Audil#
Sent Suspended-___ + SC PROBATION DENIED = COUNT___$. +PA $_____ [7] Purs HS11350d
PROBATION (J Execution ] Imposition of sentence suspended for probation period COUNT__.$______ + PA $_____ [1] PC 290.3
(COURT (].FORMAL’PROBATION GRANTED for Days/Mos/Yrs AIDS/CPP §. +PA$. SORP.
(7 Report to APO within. Days [JTerminated [] Upon Release’ DPF $_____+PA$______ EMAT$.
CO Perform____Hrs Volunteer Work as directed PO / SAP [7 in lieu of fine/Jail LAB $____+PA$_
(Not drive w/o valid DL & Ins [J Adv VC23600 []HTO [1] Re-refer DRF/RF §. Add'l RF $. Susp’d PC1202.44/45
(MOP [J FOP [] 12hrs (]3 mos (]9mos_ Enroll within days AEF $. Original Fine §
[1 DL Susp/ Restr'd/ Rvk'd for_ [IID Not/Ordered/ Rmv'd Term _____ Yrs_ SECA/COPA §. CTS PC2900.5 $
(No contact with victim or family / co-deits unless appr by APO [] PC1202.05 ICMF $. TOTAL DUE $
(J DVPO Issuéd / mod /term’d Exp ________________. [] Victim Present {CIN $—____ Payments Granted / Modifled
(No Contact [J Peaceful Contact [] DSA thruAPO/DOR/CRT [JFiled AR $___ $__/ Mo beglnning
CI Not own/possess deadly weapons [[] Destroy/return weapon. SHELTER © $. FINE STAYED...
( Stay away from. $. Committed @ $____Jday [1] May Pay Out
(J Submit Search/Testing [J Educ/Voc Trng/Empl [1] No alcohol / drugs or where sold a7TTy $. Consec/Concio.__
[Substances Abuse, Psych, Theft, Anger Mgmt, DV, Parenting cnsl/prgm —._ASFS26/0PF§10$. Fine / Foos (-] Deemed Satisfied [j Commuted
(1 PC2g6 (DNA) [Fj PC1202.1 HIV. Test / Education P/INVEST $ ______[] PSUP$_______ Mo [J Waived ©
VOP:[] Wav [7] Ard —-___ [} Admits/Denies Viol [] Court Finds VOP /No VOP CJAF $129.75/$259.50 $. CJ Addt'l Fees Waived
Prob Rein / Mod / Term'd /. Revoked / Remains Revoked / Ext to___________ -] SECA, ICMF, ICIN, GJAF, PINVEST, PSUP FEES NOT COND, OF PROB
Original Terms & Conditlons Except as Amended herein | CiRestit (] Gen $. to
5) Co-terminous with —s——_—__. I] No Further Ponalties / Reviews 7 a. cesermined by APOICoun C] Referred to WAC. [] Colt Ciily
JAIL/PRISON [_] See Atlachm’t Pg [] CDCR/Parole collect restit from Det's earnings (] Blended Sentence County Jail
it F/M. Violation Prison Term / Yrs . ancement / Priors Yrs/ LS8t HRS)/ DAYS / MOS
Bo tl th ul FL fi Ae "7 £1 6S rey
He ads
Enhancement_Yrs/S__ Enhancement _Yrs/S___Enhancement__Yrs/S___Enhancement__Yrs/S__Enhancement__Yrs/S Total
cTS=____ACT+ 04019 O% O% PC29931__ Total Total term CDCR / PC 1170h
D Straight time [In Camp (] WWP [J PC1209 Fees [] Walved [] Court Rec_____All / Except [] EMP/PSP/ERP/DRP/Co Parole/NP____
1) Sent Deemed Srv'd [) Apt to Parole/Prob w/in 1 AdwORD Yrs/Mos Parole/MS/PRCS/Appeal [] Consec [J Conc to.
(Bal CJ Susp [] All but _Hrs/Days/Mos [] On Cond Complete Residential Treatment Prgm (] Serve Consec MO/TUWE/TH/FRISASU
(1 Pre-process_________mto6._AM/PM { Stay/ Surrender /Transportto__........._-__—@ AM/PM or Sooner
(CU REMANDED-BAIL$_________s ] REMAIN AS SET []NO BAIL [J COMMITTED [JRELEASED [JOR [JSORP []JAC PHONE ASSM'T [] P36 |
[LAS COND OF SORP_[IBAILINCREASED / REDUCED [[] TO PRGM AS REC BY JAC DOC TO ARRANGE TRANSPORT UPON AVAIL BED.
RISTOIMIAN. AMIAINAl FTE AREER AAR RANE PATRON ANORIE BAAD ATIAA BRAIN REEENAAREEKAMALA D. HARRIS
Attorney General of the State of California
MARGARITA PADILLA
sing Deputy Attorney General
BRETT J. MORRIS, SBN 158408
Deputy Attorney General
1515 Clay Street, 20" Floor
P.O. Box 70550
Oakland, California 94612
Telephone: (510) 6:
Facsimile: (510) 622-22
Attorneys for Plaintiff
People of the State of California
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
THE PEOPLE OF THE STATE OF CALIFORNIA, Case No. C 1085634
Plaintiff, | FELONY PLEA AGREEMENT
‘ Date: July 9, 2012
TUNG TAI GROUP, INC., pm / ye am.
JOSEPH CHEN, (10/20/1940), ocation: ept. 3
JOHN CHEN, (08/13/1972),
JASON HUANG, (10/28/1944),
Defendants.
On June 26, 2012, Defendants Tung Tai Group, Inc., Joseph Chen, John Chen,
and Jason Huang appeared before the Honorable Philip H. Pennypacker in Department 30 of the
Santa Clara County Superior Court to proceed with the Preliminary Hearing on the charges filed
by the People of the State of California in this matter. The parties negotiated the following terms
and conditions constituting a Felony Plea Agreement, with felony pleas to be entered by
Defendants and terms and conditions to be imposed by the Court as set forth below:
Felony Plea Agreement CASE No. C 1085634A. DEFENDANT 1 — TUNG TAI GROUP
. Defendant Tung Tai Group, Inc. ("Tung Tai") shall plead nolo contendere (no
contest) to the following two Felony charges:
a) Count 15 in the Felony Complaint filed in this matter, as amended as follows —
“On or about August 25, 2009, in the County of Santa Clara, the crime of UNLAWFUL
STORAGE OF HAZARDOUS WASTE, in violation of Health and Safety Code section
25189.5, subdivision (d), a Felony, was committed by TUNG TAI GROUP, INC., who did
knowingly store hazardous waste, including but not limited to electronic wastes or such residual
wastes, at a facility or point not authorized for such storage”;
(2) Count 16 in the Felony Complaint filed in this matter, as amended as follows —
“On or about August 26, 2009, in the County of Santa Clara, the crime of UNLAWFUL
STORAGE OF HAZARDOUS WASTE, in violation of Health and Safety Code section
25189,5, subdivision (d), a Felony, was committed by TUNG TAI] GROUP, INC., who did
knowingly store hazardous waste, including but not limited to electronic wastes or such residual
wastes, at a facility or point not authorized for such storage”,
. Within 15 days after the entry of Tung Tai’s Felony plea, Tung Tai shall pay a
total fine of $75,000, including the standard penalties and assessments levied for court and
county costs, to the Santa Clara County Superior Court. The base fines portion of this total fine
shall be apportioned pursuant to Health and Safety Code section 25192(a). The payment of this
total fine shall be jointly and severally imposed upon defendants John Chen and Jason Huang.
. Within 15 days after the entry of Tung Tai's Felony plea, Tung Tai shall pay to
the Office of the Attorney General $50,000. This payment is restitution toward fees and costs
incurred by the Office of the Attorney General in this matter. The payment of this restitution
amount shall be jointly and severally imposed upon defendants John Chen and Jason Huang.
. At the conclusion of the entry of Tung Tai's Felony plea, all other charges against
Tung Tai contained in the Felony Complaint filed on August 19, 2010, shall be dismissed.
‘ Tung Tai’s sentencing shall be continued to a date set for 24 months from the time
of the entry of Tung Tai's Felony plea.
ie
Felony Plea Agreement CASE No. C 1085634. On the date of sentencing, Tung Tai shall be permitted to withdraw its Felony
plea to Count 15 and its Felony plea to Count 16, provided that Tung Tai has complied with all
of the Interim Terms, set forth below.
. Ata date 12 months after the entry of the Felony plea, and again 30 days
the date of sentencing, Tung Tai shall file and serve a status report summarizing its activities
relating to the Interim Terms and stating whether Tung Tai is in compliance with the Interim
Terms. These status reports shall be signed under penalty of perjury by the President or Vice
President of Tung Tai.
. 15 days before the date set for sentencing, the People shall file a status report with
the Court. Tung Tai may file any objection to the People's status report 7 days before the date
set for sentencing.
. Provided that Tung Tai has complied with the Interim Terms, on the date of
sentencing. and prior to imposition of judgment and sentence, the People shall request that the
remaining charges against Tung Tai be dismissed in the interest of justice, pursuant to Penal
Code section 1385. On the People’s request. provided that the Court agrees that Tung Tai has
complied with the Interim Terms, the parties anticipate that this Court will dismiss Count 15 and
Count 16 prior to the imposition of judgment and sentence.
. In the event that Tung Tai has not complied with the Interim Terms as determined
by the Court, Tung Tai shall not be permitted to withdraw its Felony pleas and shall be sentenced
on Count 15 and Count 16 by the Court.
. Interim Terms
(1) Tung Tai shall:
a. Commit no intentional violations of Chapter 6.5, Division 20, of the California
Health and Safety Code, and its implementing regulations, governing the control of hazardous
waste, including electronic waste or any related residual;
b. Withdraw as an Approved Recycler, Approved Collector, or other designation
pursuant to the Electronic Waste Recovery and Recycling Program;
us
Felony Plea Agreement CASE No. C 1085634we
c Cease any dismantling, crushing, shredding, or any other processing of Covered
Electronic Wastes ("CEWs") or Cathode Ray Tube devices (“CRTs”); and,
d. Cease all processing of beverage containers or other recgetable materials under
Me pesca Wie valve program. superssing Ya cf
(2) The’President and one-otser Tung Tai cerpere officer shall complete an annual
refresher course on developments in California hazardous waste and hazardous materials
regulations and laws.
B. DEFENDANT 3 — JOHN CHEN
. Defendant John Chen (08/13/1972) shall plead nolo contendere (no contest) to the
following six Felony charges:
(1) Count 1. Penal Code section 115 [offering false instrument to be filed with State];
(2) Count 4, Penal Code section 115 {offering false instrument to be filed with State];
(3) Count 7. Penal Code section 115 [offering false instrument to be filed with State];
(4) Count 9, Penal Code section 72 [present for payment a false claim with State];
(5) Count 10, Penal Code section 72 [present for payment a false claim with State];
(6) Count 11, Penal Code section 72 [present for payment a false claim with State].
. The payment of the total fine of $75,000 imposed upon Tung Tai shall be jointly
and severally imposed upon defendant John Chen.
. The payment of the restitution amount of $50,000 imposed upon Tung Tai shall
be jointly and severally imposed upon defendant John Chen.
. At the conclusion of the entry of John Chen's Felony plea, all other charges
against John Chen contained in the Felony Complaint filed on August 19, 2010, shall be
dismissed.
. John Chen's sentencing shall be continued to a date set for 24 months from the
time of the entry of John Chen's Felony plea.
. On the date of sentencing. John Chen shall be permitted to withdraw his Felony
plea to Counts 1, 4, 7, 10, 11 and 14, provided that John Chen has complied with all of the
Interim Terms, set forth below.
Felony Plea Agreement CASE No. C 1085634. Ata date 12 months after the entry of the Felony plea, and again 30 days before
the date of sentencing. John Chen shall file and serve a status report summarizing his activities
relating to the Interim Terms and stating whether John Chen is in compliance with the Interim
Terms. These status reports shall be signed under penalty of perjury.
. 15 days before the date set for sentencing, the People shall file a status report with
the Court. John Chen may file any objection to the People's status report 7 days before the date
set for sentencing.
. Provided that John Chen has complied with the Interim Terms, on the date of
sentencing. and prior to imposition of judgment and sentence. the People shall request that the
remaining charges against John Chen be dismissed in the interest of justice, pursuant to Penal
Code section 1385. On the People's request, provided that the Court agrees that John Chen has
complied with the Interim Terms, the parties anticipate that this Court will dismiss Counts 1, 4,
7, 10, 11 and 14 prior to the imposition of judgment and sentence.
. In the event that John Chen has not complied with the Interim Terms as
determined by the Court, John Chen shall not be permitted to withdraw his Felony pleas and
shall be sentenced on Counts 1, 4, 7, 10, 11 and 14 by the Court.
. Interim Terms
(1) John Chen shall:
a. Commit no intentional violations of Chapter 6.5. Division 20, of the California
Health and Safety Code, and its implementing regulations, governing the control of hazardous
waste, including electronic waste or any related residual;
b. Withdraw as an Approved Recycler, Approved Collector, or other designation
pursuant to the Electronic Waste Recovery and Recycling Program;
c. Cease any dismantling, crushing, shredding, or any other processing of Covered
Electronic Wastes (“CEWs”) or Cathode Ray Tube devices (“CRTs”): and,
d. Cease all processing of beverage containers or other recyclable materials under
the California Redemption Value program.
iif
ws
Felony Plea Agreement CASE No, C 1085634(2) Within 180 days of the date of the entry of the Felony pleas, John Chen shall
submit a certification to the People that he has completed an annual refresher course on
developments in California hazardous waste and hazardous materials regulations and laws and
that the developments will be incorporated into any business conducted by John Chen that
involves the management of hazardous waste or hazardous materials. The certification shall be
signed under penalty of perjury.
G) Within 365 days of the date of the entry of the Felony pleas, John Chen shall
perform 100 hours of Communiiy Service. as approved through the Sentencing Alternatives
Program. Inc.
(4) Within 365 days of the date of the entry of the Felony pleas, John Chen shall
submit a certification to the People that the requirements of the California hazardous waste and
hazardous materials regulations and laws have been be incorporated into any business conducted
by John Chen that involves the management of hazardous waste or hazardous materials, and that
the program is developed and disseminated to employees and is being applied. The certification
shall be signed under penalty of perjury.
c DEFENDANT 4 — JASON HUANG
. Defendant Jason Huang (10/28/1944) shall plead nolo contendere (no contest) to
the following five Felony charges:
Cl) Count 2, Penal Code section 115 [offering false instrument to be filed with State}:
(2 Count 3, Penal Cade section 115 [offering false instrument to be filed with State]:
(3) Count 12, Penal Code section 470(d) [forgery]:
(4) Count 13, Penal Code section 470(d) [forgery]:
(5) Count 14. Penal Code section 470(d) [forgery].
. The payment of the total fine of $75,000 imposed upon Tung Tai shall be jointly
and severally imposed upon defendant Jason Huang.
. The payment of the restitution amount of $50,000 imposed upon Tung Tai shall
be jointly and severally imposed upon defendant Jason Huang.
Felony Plea Agreement CASE No. C 1085634
i. At the conclusion of the entry of Jason Huang's Felony plea. all other charges
against Jason Huang contained in the Felony Complaint filed on August 19, 2010, shall be
dismissed.
. Jason Huang's sentencing shall be continued to a date set for 24 months from the
time of the entry of Jason Huang's Felony plea.
. On the date of sentencing. Jason Huang shall be permitted to withdraw his Felony
plea to Counts 1. 2, 5. 13 and 14, provided that Jason Huang has complied with all of the
Interim Terms, set forth below.
. Ata date 12 months after the entry of the Felony plea, and again 30 days before
the date of sentencing, Jason Huang shall file and serve a status report summarizing his activities
relating to the Interim Terms and stating whether Jason Huang is in compliance with the Interim
Terms, These status reports shall be signed under penalty of perjury.
. 15 days before the date set for sentencing. the People shall file a status report with
the Court. Jason Huang may file any objection to the People’s status report 7 days before the
date set for sentencing.
. Provided that Jason Huang has complied with the Interim Terms, on the date of
sentencing, and prior to imposition of judgment and sentence, the People shall request that the
remaining charges against Jason Huang be dismissed in the interest of justice, pursuant to Penal
Code section 1385. On the People’s request, provided that the Court agrees that Jason Huang has
complied with the Interim Terms, the parties anticipate that this Court will dismiss Counts 1, 2.
5, 12, 13 and 14 prior to the imposition of judgment and sentence.
. In the event that Jason Huang has not complied with the Interim Terms as
determined by the Court, Jason Huang shall not be permitted to withdraw his Felony pleas and
shall be sentenced on Counts 1, 2, 5, 12, 13 and 14 by the Court.
. Interim Terms
(1) Jason Huang shall:
a Refrain from and abstain from any management or on-site handling of hazardous
waste, including electronic waste or any related residual, or with any disposal, transportation,
Felony Plea Agreement CASE No. C 108563426
28
storage or treatment of hazardous waste as governed by Chapter 6.5, Division 20. of the
California Health and Safety Code, and its implementing regulations;
b. Withdraw as an Approved Recycler, Approved Collector, or other designation
pursuant to the Electronic Waste Recovery and Recycling Program;
c Cease any dismantling, crushing. shredding, or any other processing of Covered
Electronic Wastes (“CEWs”) or Cathode Ray Tube devices (“CRTs”); and,
d. Cease all processing of beverage containers or other recyclable materials under
the California Redemption Value program. AT eSon A ney
(2) Within 365 days of the date of the entry of the Felony pleas, Johth @hémshall
perform 100 hours of Community Service, as approved through the Sentencing Alternatives
Program, Inc.
(3) During the interim term and prior to the date for Felony sentencing. Jason Huang
may submit a request to the Superior Court seeking a return to a designated and specified form of
employment in the industry involving hazardous waste and hazardous materials regulations and
laws. The People may have the opportunity to respond or file any objection to Jason Huang
returning to employment in the hazardous waste and hazardous material industry.
D. ~- JOSEPH CHEN
DEFENDANT
conclusion of the entry of Felony pleas the People will request that the charges against Joseph
Chen (10/20/1940) be dismissed in the interest of justice, pursuant to Penal Code section 1385.
For Plaintiff, THE PEOPLE OF THE STATE OF CALIFORNIA:
g
Dated: July {__.2012 KAMALA D, HARRIS
Attorney General of the State of California
Original signed by Brett J. Morris
BRETT J. MORRIS
Deputy Attorney General
Attorney's for Plaintiff
The People of the State of California
8
Felony Plea Agreement CASE No. C 1085634For Defendant TUNG TAI GROUP. INC.:
Dated: =. / f// 2
Approved as to Form:
Dated:
For Detendanis:
pues: _ 2/9 a=
/
Dated: 4! ‘ | jt
D- Fe
Dated:
Felony Plea Agreement
By:
TUNG TAI GROUP, INC..
a California Corporation
Original signed by Joseph Chen
JOSEPH CHEN oo
President
Tung Tai Group. Inc.
Original signed by Allen Ruby q
Skadden, Arps, Slate, Meagher & Flom. hel
Attorneys for Defendant Tung Tai Group, Inc}
Original signed by Joseph Chen
3
JOSEPH CHEN
Original signed by John Chen
JOHN CH
4
Original signed by Jason Huang
JASON HUANG
|
CASE No. C 1085634GL IB/O
SUPERIOR COURT OF CALIFORNIA Gig aoe
COUNTY OF SANTA CLARA .
SAN JOSE FACILITY
COMPLAINT FOR CORPORATE SUMMONS FOR:
TUNG TAI GROUP, INC.
COMPLAINT FOR WARRANT(S):
JOSEPH CHEN EAK279
JOHN CHEN EAK278
JASON HUANG EAK277
0 W955 3Y
THE PEOPLE OF THE STATE OF CALIFORNIA,
|
Plaintiff, |
| FELONY COMPLAINT
|
| AGONO: 2010900048
vs, | CEN
| TT CORPORATE SUMMONS
TUNG TAI GROUP, INC., | JC WARR **
1726 ROGERS AVE., SAN JOSE, CA 95112 | * JC WARR **
JOSEPH CHEN (10/20/1940), | * JH WARR **
236 W. SANTAYNEZ AVE., HILLSBOROUGH, CA 94010 |
JOHN CHEN (08/13/1972), | F= [ i E 5
545 W.SANTA YNEZ AVE, HILLSBOROUGH, CA 94010 | ‘
JASON HUANG (10/28/1944), amen
697 VENUS COURT, FOSTER CITY, CA 94404 | AUG 19 cot0
Defendant(s).| MASAKI
| imi -
aia Clore
™ DEPUTY
The undersigned is informed and believes that:,
COUNT I
On or about June 23, 2008, in the County of Santa Clara, State of California, the crime of PROCURING
OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION 115, a Felony,
was committed by TUNG TAI GROUP, INC., JOSEPH CHEN AND JOHN CHEN who did knowingly
procure or offer a false or forged instrument, a Covered Electronic Waste Recycling Payment Claim, to
be filed, registered or recorded in a public office within the State of California, which instrument if
genuine, might be filed, registered or recorded under the laws of the State of California or of the United
States.
Page 1ney COUNT 2
On or about June 23, 2008, in the County of Santa Clara, State of California, the crime of PROCURING
OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION 115, a Felony,
was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND JASON HUANG
who did knowingly procure or offer a false or forged instrument, a transfer receipt, to be filed, registered
or recorded in a public office within the State of California, which instrument if genuine, might be filed,
registered or recorded under the laws of the State of California or of the United States.
COUNT 3
On or about June 23, 2008, in the County of Santa Clara, State of California, the crime of PROCURING
OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION 115, a Felony,
was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND JASON HUANG
who did knowingly procure or offer a false or forged instrument, a transfer receipt, to be filed, registered
or recorded in a public office within the State of California, which instrument if genuine, might be filed,
registered or recorded under the laws of the State of California or of the United States.
‘COUNT 4
On or about June 30, 2008, in the County of Santa Clara, State of California, the crime of PROCURING
OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION 115, a Felony,
was committed by TUNG TAI GROUP, INC., JOSEPH CHEN AND JOHN CHEN who did knowingly
procure or offer a false or forged instrument, a Covered Electronic Waste Recycling Payment Claim, to
be filed, registered or recorded in a public office within the State of California, which instrument if
genuine, might be filed, registered or recorded under the laws of the State of California or of the United
States,
COUNT 5
On or about June 30, 2008, in the County of Santa Clara, State of California, the crime of PROCURING
OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION 115, a Felony,
was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND JASON HUANG
who did knowingly procure or offer a false or forged instrument, a transfer receipt, to be filed, registered
or recorded in a public office within the State of Califomia, which instrument if genuine, might be filed,
registered or recorded under the laws of the State of California or of the United States.
Page 2Day COUNT 6.
On or about June 30, 2008, in the County of Santa Clara, State of California, the crime of PROCURING
OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION 115, a Felony,
was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND JASON HUANG
who did knowingly procure or offer a false or forged instrument, a transfer receipt, to be filed, registered
or recorded in a public office within the State of California, which instrument if genuine, might be filed,
registered or recorded under the laws of the State of California or of the United States.
COUNT 7
On or about September 15, 2008, in the County of Santa Clara, State of California, the crime of
PROCURING OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION
115, a Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN AND JOHN CHEN who
did knowingly procure or offer a false or forged instrument, a Covered Electronic Waste Recycling
Payment Claim, to be filed, registered or recorded in a public office within the State of California, which
instrument if genuine, might be filed, registered or recorded under the laws of the State of California or
of the United States.
COUNT 8
On or about September 15, 2008, in the County of Santa Clara, State of California, the crime of
PROCURING OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION
115, a Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND
JASON HUANG who did knowingly procure or offer a false or forged instrument, a transfer receipt, to
be filed, registered or recorded in a public office within the State of California, which instrument if
genuine, might be filed, registered or recorded under the laws of the State of California or of the United
States.
COUNT 9
On or about June 23, 2008, in the County of Santa Clara, State of California, the crime of FALSE OR
FRAUDULENT CLAIM TO GOVERNMENT OFFICE, in violation of PENAL CODE SECTION 72, a
Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND JASON
HUANG who did, with the intent to defraud, present for allowance or for payment to a state board or
officer authorized to allow or pay the same, if genuine, a false or fraudulent claim, bill, account,
voucher, or writing.
Page 3COUNT 10
On or about June 30, 2008, in the County of Santa Clara, State of California, the crime of FALSEOR
FRAUDULENT CLAIM TO GOVERNMENT OFFICE, in violation of PENAL CODE SECTION 72, a
Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND JASON
HUANG who did, with the intent to defraud, present for allowance or for payment to a state board or
officer authorized to allow or pay the same, if genuine, a false or fraudulent claim, bill, account,
voucher, or writing.
COUNT 11
On or about September 15, 2008, in the County of Santa Clara, State of Califomia, the crime of FALSE
OR FRAUDULENT CLAIM TO GOVERNMENT OFFICE, in violation of PENAL CODE SECTION
72, a Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND
JASON HUANG who did, with the intent to defraud, present for allowance or for payment to a state
board or officer authorized to allow or pay the same, if genuine, a false or fraudulent claim, bill,
account, voucher, or writing.
COUNT 12
On or about May 19, 2008, in the County of Santa Clara, State of California, the crime of FORGERY
OF A CHECK, REQUEST FOR THE PAYMENT OF MONEY, OR:RECEIPT FOR MONEY OR
GOODS, in violation of PENAL CODE SECTION 470(d), a Felony, was committed by TUNG TAI
GROUP, INC., JOHN CHEN AND JASON HUANG who did, with the intent to defraud, falsely make,
alter, forge or counterfeit, a request for the payment of money or a receipt for money or goods, and did
utter, publish, pass, attempt to pass or offer to pass as true and genuine, the request for the payment of
money or receipt for money or goods, knowing it to be false, altered, forged, or counterfeited.
Page 4‘ COUNT 13
On or about June 5, 2008, in the County of Santa Clara, State of California, the crime of FORGERY OF
A CHECK, REQUEST FOR THE PAYMENT OF MONEY, OR RECEIPT FOR MONEY OR
GOODS, in violation of PENAL CODE SECTION 470(d), a Felony, was committed by TUNG TAI
GROUP, INC., JOHN CHEN AND JASON HUANG who did, with the intent to defraud, falsely make,
alter, forge or counterfeit, a request for the payment of money or a receipt for money or goods, and did
utter, publish, pass, attempt to pass or offer to pass as true and genuine, the request for the payment of
money or receipt for money or goods, knowing it to be false, altered, forged, or counterfeited.
COUNT 14
On or about June 6, 2008, in the County of Santa Clara, State of California, the crime of FORGERY OF
A CHECK, REQUEST FOR THE PAYMENT OF MONEY, OR RECEIPT FOR MONEY OR
GOODS, in violation of PENAL CODE SECTION 470(d), a Felony, was committed by TUNG TAT
GROUP, INC., JOHN CHEN AND JASON HUANG who did, with the intent to defraud, falsely make,
alter, forge or counterfeit, a request for the payment of money or a receipt for money or goods, and did
utter, publish, pass, attempt to pass or offer to pass as true and genuine, the request for the payment of
money or receipt for money or goods, knowing it to be false, altered, forged, or counterfeited.
COUNT 15
On or about August 26, 2009, in the County of Santa Clara, State of California, the crime of
VIOLATION OF A PROVISION, PERMIT, RULE, REGULATION, STANDARD AND
REQUIREMENT ISSUED AND ADOPTED PURSUANT TO THE HAZARDOUS WASTE
CONTROL CHAPTER, in violation of HEALTH & SAFETY CODE SECTION 25190, a
Misdemeanor, was committed by TUNG TAI GROUP, INC., JOHN CHEN AND JASON HUANG
who did unlawfully violate a provision and permit, rule, regulation, standard, and requirement issued
and adopted pursuant to Chapter 6.5 [Hazardous Waste Control] of the Health and Safety Code, who
failed to label or mark each waste battery or container of waste batteries with the required labels,
markings, or phrases, which based on duplicate conduct that had been observed during prior inspections
are repeat violations of section 66273.34 of Title 22 of the California Code of Regulations.
Page 5COUNT 16
On or about August 26, 2009, in the County of Santa Clara, State of California, the crime of
VIOLATION OF A PROVISION, PERMIT, RULE, REGULATION, STANDARD AND
REQUIREMENT ISSUED AND ADOPTED PURSUANT TO THE HAZARDOUS WASTE
CONTROL CHAPTER, in violation of HEALTH & SAFETY CODE SECTION 25190, a
Misdemeanor, was committed by TUNG TAI GROUP, INC., JOHN CHEN AND JASON HUANG
who did unlawfully violate a provision and permit, rule, regulation, standard, and requirement issued
and adopted pursuant to Chapter 6.5 [Hazardous Waste Control] of the Health and Safety Code, who
failed to dismantle electronic devices or remove yokes from CRTs over, on, of in a containment device
sufficient to contain any universal waste or component of such waste which based on duplicate conduct
that had been observed during prior inspection is a repeat violation of section 66273,72(c)(2)(C) of Title
22 of the California Code of Regulations.
COUNT 17
On or about August 26, 2009, in the County of Santa Clara, State of California, the crime of
VIOLATION OF A PROVISION, PERMIT, RULE, REGULATION, STANDARD AND
REQUIREMENT ISSUED AND ADOPTED PURSUANT TO THE HAZARDOUS WASTE
CONTROL CHAPTER, in violation of HEALTH & SAFETY CODE SECTION 25190, a
Misdemeanor, was committed by TUNG TAI GROUP, INC., JOHN CHEN AND JASON HUANG
who did unlawfully violate a provision and permit, rule, regulation, standard, and requirement issued
and adopted pursuant to Chapter 6.5 [Hazardous Waste Control] of the Health and Safety Code, who
failed to mark the accumulation date or demonstrate the length of time in which universal waste
electronic devices had been accumulated as waste which based on duplicate conduct that had been
observed during prior inspections are repeat violations of section 66273.35(b) of Title 22 of the
California Code of Regulations.
Page 6Any defendant, including a juvenile, who is convicted of and pleads guilty or no contest to any felony
offense, including any- attempt to commit the offense, charged in this complaint or information is
required to provide buccal swab samples, right thumbprints and a full palm print impression of each
hand, and any blood specimens or other biological samples required pursuant to the DNA and Forensic
Identification Database and Data Bank Act of 1998 and Penal Code section 296, et seq.
Further, attached and incorporated by reference are official reports and documents of a law enforcement
agency which the complainant believes establish probable cause for the issuance of a Summons for
TUNG TAI GROUP, INC., for the above-listed crimes. Wherefore, A CORPORATE SUMMONS IS
REQUESTED.
Further, attached and incorporated by reference are official reports and documents of a law enforcement
agency which the complainant believes establish probable cause for the arrest of defendant JOSEPH
CHEN, for the above-listed crimes, Wherefore, A WARRANT OF ARREST IS REQUESTED for each
defendant.
Further, attached and incorporated by reference are official reports and documents of a law enforcement
agency which the complainant believes establish probable cause for the arrest of defendant JOHN
CHEN, for the above-listed crimes. Wherefore, A WARRANT OF ARREST IS REQUESTED for each
defendant.
Further, attached and incorporated by reference are official reports and documents of a law enforcement
agency which the complainant believes establish probable cause for the arrest of defendant JASON
HUANG, for the above-listed crimes. Wherefore, A WARRANT OF ARREST IS REQUESTED for
each defendant.
Page 7Complairant therefore requests that the defendant(s) be dealt with according to law,
I certify under penalty of perjury that the above is true and correct.
Executed on August _/ G5 , 2010, in SANTA CLARA County, California.
Warrant received for service by: CC
Criminaf Infvestigator C. Gallardo
on. (OCI #003)
Cash or Bond $ DTSC (510) 540-3748 EPA#CAL02200448
MORRIS/ D02/ FELONY/
JUDGE OF THE SUPERIOR COURT
Page 8
Preview
10 Ul 12 13 14 15 16 7 18 19 20 21 2 23 24 25 26 27 28 a ROBERTS + ELLIOTT Law Corporation JAMES ROBERTS, Esq. (SBN 98804) 150 Almaden Boulevard Suite 950 San Jose, CA 95113 Telephone: (408) 275-9800 Fax: (408) 287-3782 Attorneys for Plaintiff/Cross-Defendant Brokaw San Jose LLC IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA BROKAW SAN JOSE LLC, a California Limited Liability Company, Plaintiff, v. PACIFIC BAY RECYCLING CENTER, INC., a California Corporation, DOES ONE through TWENTY-FIVE, inclusive, Defendants. AND RELATED CROSS-COMPLAINT Case No. 17CV318752 PLAINTIFF/CROSS-DEFENDANT BROKAW SAN JOSE LLC REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION IN LIMINE # 2 Judge: Patricia Lucas File Date: November 7, 2017 Trial Date: September 23, 2019 PLAINTIFF/CROSS-DEFENDANT BROKAW SAN JOSE LLC REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION IN LIMINE # 2Plaintiff/Cross-Defendant Brokaw San Jose LLC requests judicial notice pursuant to Evidence Code Sections 401-403 of the attached judicial records in the case of People v Tung Tai Group, Inc. C1085634. ROBERTS # ELLIOTT Law Corporation Attorneys for Plaintjif Brokaw San José, LLC DATED: A-2 ENS PLAINTIFF/CROSS-DEFENDANT BROKAW SAN JOSE LLC REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION IN LIMINE #2Ls SUPERTOR COURT 3 . CASE NO. CLOBS O34 190 W. KHEDDING ST T CEN On ,SAN JOSE, CA SS110 DATE OBSBP/2O14 1230 PMPEPT. Ba PEOPLE VS. TUNG TAT GROUP, TING LKA, 1726 ROGERS AVENU CLERK STEROS SAN JOS HEARING IBATION AND JUDGE HON. PH DV AGENCY ° REPORTER |. , SHINN CHU DY _ pyatus ~ - DEF. ATTY. RUBY, ALLE 0) ba @ TORT: hoo CHARGES FOL FCOLG) Nex A ARANCE. 5 __ _ jafbalatlcdht prosont. [] Not Present Aty Presont ZF. Sh 15 6% AD / PD /IDO/ Special App (DIAn'd 0 Adv (1) Am Wav CD) Amend Comp/info(j Arr (j Plea IDC (]PTC [J Prob/Sent [J Interpreter _.__ Sworn QPC977 (Filed [On File [ Reptr. Adv / Wav (] Ball/ OR/ SORP [] Rect Dr Rpt (] FAR/ ERC [) Bail Apply [] Balance Exonorated _ ONG [Entered by CRT [] NGBRI/ Adv CJPSet []Prelim (] Readiness []S/BMTC [Ball Exonerated (J Forfelted Bond #. (2 Denies Priors/ Allegations/ Enhancements/Refusal [] Further [] Jury [] CT [] Peo/ Def Wav Jury (| Reassumption Filed (1 Forfelture Set Aside [J Ball Rein COTW CITNW OTW/WD L]TWSontoncs [jAefd___ FG ___ Costs Within 30 Days to Court [Ref /Appt PD/ADO/ID0 [] Con Decl] Adm A/F CAPO/DADS/ Prop 36 [)P36Re-Assmt | SORP/OR [}Revokod [j Reinstated [] May Post & Forfelt Q—___Reloved_-____nopid_, [Crim roc Susp (Ren [Stas Hg (BW Ordered $_______ [Stayed [1] To Issuo Hr on Motion ‘Lot HU ues (Doubt Dec! Pursuant PC 1368 CINo Cito Release/SCIT [[] No Request [] Cash Only Bganes CIDeniod [7] Submited [] Off Cal [)Subm on Report [} Found —__ J BW Sel Aso. Foal Fd Con Ors CNW Stip to Comm []Drs. Appointed (Max Term (Commitied A Proto. (DIA Ute fee LD. (Prelim Wav [ Certified to General Jurisdiction [) MOA / COM Amended to im } T [Amended to [i (M) Vot2500(a) / VC23103(a) C] Pur VC23103.5 [J DA Simt Filed Leo eit PLEA Conditions: oO None ([] No State Prison [] PC17 after 1 Yr Prob [J Includes VOP i (vail / Prison Term of __». — (Add to Cal [7 Vacate pending date A Dismissal / Striking “TMVA OA S= eT C1 Subm time of Sent 1 Harvey Stip [1] Adv Max Pen / Parole / Prob / Immig / Appeal [-] Reg HS11590/PC290/PC457.1/PC186.30 [J FSF [| Finos/Fees (-] PC29800/29805/30305/660/VC14607.8 (Wav Right to°[J Counsel [1] Court / Jury Trial ((] Subpoena / Confront / Examine Witnesses [] Self-incrimination [] Written Waiver filed [] Plea / Absentia filed CICOP [] GUILTY [) NOLO CONTENDERE to charges & admits enhancements / allegations / priors 1] PC17 [Arbuckle (J Factual Basis found (] Findings stated 1 Prop 36 Granted / Unamenable / Refused / Term [7] DEd Eligibility Filed [] DEJ Granted / Rein/Term Fee $. OD Gullty Plea Rendered (Ci Waives Referral [APO Full Rpt C]CR110 issued Fines/Fees Payto: []DOR []Traffic [Court []Today [)Audil# Sent Suspended-___ + SC PROBATION DENIED = COUNT___$. +PA $_____ [7] Purs HS11350d PROBATION (J Execution ] Imposition of sentence suspended for probation period COUNT__.$______ + PA $_____ [1] PC 290.3 (COURT (].FORMAL’PROBATION GRANTED for Days/Mos/Yrs AIDS/CPP §. +PA$. SORP. (7 Report to APO within. Days [JTerminated [] Upon Release’ DPF $_____+PA$______ EMAT$. CO Perform____Hrs Volunteer Work as directed PO / SAP [7 in lieu of fine/Jail LAB $____+PA$_ (Not drive w/o valid DL & Ins [J Adv VC23600 []HTO [1] Re-refer DRF/RF §. Add'l RF $. Susp’d PC1202.44/45 (MOP [J FOP [] 12hrs (]3 mos (]9mos_ Enroll within days AEF $. Original Fine § [1 DL Susp/ Restr'd/ Rvk'd for_ [IID Not/Ordered/ Rmv'd Term _____ Yrs_ SECA/COPA §. CTS PC2900.5 $ (No contact with victim or family / co-deits unless appr by APO [] PC1202.05 ICMF $. TOTAL DUE $ (J DVPO Issuéd / mod /term’d Exp ________________. [] Victim Present {CIN $—____ Payments Granted / Modifled (No Contact [J Peaceful Contact [] DSA thruAPO/DOR/CRT [JFiled AR $___ $__/ Mo beglnning CI Not own/possess deadly weapons [[] Destroy/return weapon. SHELTER © $. FINE STAYED... ( Stay away from. $. Committed @ $____Jday [1] May Pay Out (J Submit Search/Testing [J Educ/Voc Trng/Empl [1] No alcohol / drugs or where sold a7TTy $. Consec/Concio.__ [Substances Abuse, Psych, Theft, Anger Mgmt, DV, Parenting cnsl/prgm —._ASFS26/0PF§10$. Fine / Foos (-] Deemed Satisfied [j Commuted (1 PC2g6 (DNA) [Fj PC1202.1 HIV. Test / Education P/INVEST $ ______[] PSUP$_______ Mo [J Waived © VOP:[] Wav [7] Ard —-___ [} Admits/Denies Viol [] Court Finds VOP /No VOP CJAF $129.75/$259.50 $. CJ Addt'l Fees Waived Prob Rein / Mod / Term'd /. Revoked / Remains Revoked / Ext to___________ -] SECA, ICMF, ICIN, GJAF, PINVEST, PSUP FEES NOT COND, OF PROB Original Terms & Conditlons Except as Amended herein | CiRestit (] Gen $. to 5) Co-terminous with —s——_—__. I] No Further Ponalties / Reviews 7 a. cesermined by APOICoun C] Referred to WAC. [] Colt Ciily JAIL/PRISON [_] See Atlachm’t Pg [] CDCR/Parole collect restit from Det's earnings (] Blended Sentence County Jail it F/M. Violation Prison Term / Yrs . ancement / Priors Yrs/ LS8t HRS)/ DAYS / MOS Bo tl th ul FL fi Ae "7 £1 6S rey He ads Enhancement_Yrs/S__ Enhancement _Yrs/S___Enhancement__Yrs/S___Enhancement__Yrs/S__Enhancement__Yrs/S Total cTS=____ACT+ 04019 O% O% PC29931__ Total Total term CDCR / PC 1170h D Straight time [In Camp (] WWP [J PC1209 Fees [] Walved [] Court Rec_____All / Except [] EMP/PSP/ERP/DRP/Co Parole/NP____ 1) Sent Deemed Srv'd [) Apt to Parole/Prob w/in 1 AdwORD Yrs/Mos Parole/MS/PRCS/Appeal [] Consec [J Conc to. (Bal CJ Susp [] All but _Hrs/Days/Mos [] On Cond Complete Residential Treatment Prgm (] Serve Consec MO/TUWE/TH/FRISASU (1 Pre-process_________mto6._AM/PM { Stay/ Surrender /Transportto__........._-__—@ AM/PM or Sooner (CU REMANDED-BAIL$_________s ] REMAIN AS SET []NO BAIL [J COMMITTED [JRELEASED [JOR [JSORP []JAC PHONE ASSM'T [] P36 | [LAS COND OF SORP_[IBAILINCREASED / REDUCED [[] TO PRGM AS REC BY JAC DOC TO ARRANGE TRANSPORT UPON AVAIL BED. RISTOIMIAN. AMIAINAl FTE AREER AAR RANE PATRON ANORIE BAAD ATIAA BRAIN REEENAAREEKAMALA D. HARRIS Attorney General of the State of California MARGARITA PADILLA sing Deputy Attorney General BRETT J. MORRIS, SBN 158408 Deputy Attorney General 1515 Clay Street, 20" Floor P.O. Box 70550 Oakland, California 94612 Telephone: (510) 6: Facsimile: (510) 622-22 Attorneys for Plaintiff People of the State of California SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA THE PEOPLE OF THE STATE OF CALIFORNIA, Case No. C 1085634 Plaintiff, | FELONY PLEA AGREEMENT ‘ Date: July 9, 2012 TUNG TAI GROUP, INC., pm / ye am. JOSEPH CHEN, (10/20/1940), ocation: ept. 3 JOHN CHEN, (08/13/1972), JASON HUANG, (10/28/1944), Defendants. On June 26, 2012, Defendants Tung Tai Group, Inc., Joseph Chen, John Chen, and Jason Huang appeared before the Honorable Philip H. Pennypacker in Department 30 of the Santa Clara County Superior Court to proceed with the Preliminary Hearing on the charges filed by the People of the State of California in this matter. The parties negotiated the following terms and conditions constituting a Felony Plea Agreement, with felony pleas to be entered by Defendants and terms and conditions to be imposed by the Court as set forth below: Felony Plea Agreement CASE No. C 1085634A. DEFENDANT 1 — TUNG TAI GROUP . Defendant Tung Tai Group, Inc. ("Tung Tai") shall plead nolo contendere (no contest) to the following two Felony charges: a) Count 15 in the Felony Complaint filed in this matter, as amended as follows — “On or about August 25, 2009, in the County of Santa Clara, the crime of UNLAWFUL STORAGE OF HAZARDOUS WASTE, in violation of Health and Safety Code section 25189.5, subdivision (d), a Felony, was committed by TUNG TAI GROUP, INC., who did knowingly store hazardous waste, including but not limited to electronic wastes or such residual wastes, at a facility or point not authorized for such storage”; (2) Count 16 in the Felony Complaint filed in this matter, as amended as follows — “On or about August 26, 2009, in the County of Santa Clara, the crime of UNLAWFUL STORAGE OF HAZARDOUS WASTE, in violation of Health and Safety Code section 25189,5, subdivision (d), a Felony, was committed by TUNG TAI] GROUP, INC., who did knowingly store hazardous waste, including but not limited to electronic wastes or such residual wastes, at a facility or point not authorized for such storage”, . Within 15 days after the entry of Tung Tai’s Felony plea, Tung Tai shall pay a total fine of $75,000, including the standard penalties and assessments levied for court and county costs, to the Santa Clara County Superior Court. The base fines portion of this total fine shall be apportioned pursuant to Health and Safety Code section 25192(a). The payment of this total fine shall be jointly and severally imposed upon defendants John Chen and Jason Huang. . Within 15 days after the entry of Tung Tai's Felony plea, Tung Tai shall pay to the Office of the Attorney General $50,000. This payment is restitution toward fees and costs incurred by the Office of the Attorney General in this matter. The payment of this restitution amount shall be jointly and severally imposed upon defendants John Chen and Jason Huang. . At the conclusion of the entry of Tung Tai's Felony plea, all other charges against Tung Tai contained in the Felony Complaint filed on August 19, 2010, shall be dismissed. ‘ Tung Tai’s sentencing shall be continued to a date set for 24 months from the time of the entry of Tung Tai's Felony plea. ie Felony Plea Agreement CASE No. C 1085634. On the date of sentencing, Tung Tai shall be permitted to withdraw its Felony plea to Count 15 and its Felony plea to Count 16, provided that Tung Tai has complied with all of the Interim Terms, set forth below. . Ata date 12 months after the entry of the Felony plea, and again 30 days the date of sentencing, Tung Tai shall file and serve a status report summarizing its activities relating to the Interim Terms and stating whether Tung Tai is in compliance with the Interim Terms. These status reports shall be signed under penalty of perjury by the President or Vice President of Tung Tai. . 15 days before the date set for sentencing, the People shall file a status report with the Court. Tung Tai may file any objection to the People's status report 7 days before the date set for sentencing. . Provided that Tung Tai has complied with the Interim Terms, on the date of sentencing. and prior to imposition of judgment and sentence, the People shall request that the remaining charges against Tung Tai be dismissed in the interest of justice, pursuant to Penal Code section 1385. On the People’s request. provided that the Court agrees that Tung Tai has complied with the Interim Terms, the parties anticipate that this Court will dismiss Count 15 and Count 16 prior to the imposition of judgment and sentence. . In the event that Tung Tai has not complied with the Interim Terms as determined by the Court, Tung Tai shall not be permitted to withdraw its Felony pleas and shall be sentenced on Count 15 and Count 16 by the Court. . Interim Terms (1) Tung Tai shall: a. Commit no intentional violations of Chapter 6.5, Division 20, of the California Health and Safety Code, and its implementing regulations, governing the control of hazardous waste, including electronic waste or any related residual; b. Withdraw as an Approved Recycler, Approved Collector, or other designation pursuant to the Electronic Waste Recovery and Recycling Program; us Felony Plea Agreement CASE No. C 1085634we c Cease any dismantling, crushing, shredding, or any other processing of Covered Electronic Wastes ("CEWs") or Cathode Ray Tube devices (“CRTs”); and, d. Cease all processing of beverage containers or other recgetable materials under Me pesca Wie valve program. superssing Ya cf (2) The’President and one-otser Tung Tai cerpere officer shall complete an annual refresher course on developments in California hazardous waste and hazardous materials regulations and laws. B. DEFENDANT 3 — JOHN CHEN . Defendant John Chen (08/13/1972) shall plead nolo contendere (no contest) to the following six Felony charges: (1) Count 1. Penal Code section 115 [offering false instrument to be filed with State]; (2) Count 4, Penal Code section 115 {offering false instrument to be filed with State]; (3) Count 7. Penal Code section 115 [offering false instrument to be filed with State]; (4) Count 9, Penal Code section 72 [present for payment a false claim with State]; (5) Count 10, Penal Code section 72 [present for payment a false claim with State]; (6) Count 11, Penal Code section 72 [present for payment a false claim with State]. . The payment of the total fine of $75,000 imposed upon Tung Tai shall be jointly and severally imposed upon defendant John Chen. . The payment of the restitution amount of $50,000 imposed upon Tung Tai shall be jointly and severally imposed upon defendant John Chen. . At the conclusion of the entry of John Chen's Felony plea, all other charges against John Chen contained in the Felony Complaint filed on August 19, 2010, shall be dismissed. . John Chen's sentencing shall be continued to a date set for 24 months from the time of the entry of John Chen's Felony plea. . On the date of sentencing. John Chen shall be permitted to withdraw his Felony plea to Counts 1, 4, 7, 10, 11 and 14, provided that John Chen has complied with all of the Interim Terms, set forth below. Felony Plea Agreement CASE No. C 1085634. Ata date 12 months after the entry of the Felony plea, and again 30 days before the date of sentencing. John Chen shall file and serve a status report summarizing his activities relating to the Interim Terms and stating whether John Chen is in compliance with the Interim Terms. These status reports shall be signed under penalty of perjury. . 15 days before the date set for sentencing, the People shall file a status report with the Court. John Chen may file any objection to the People's status report 7 days before the date set for sentencing. . Provided that John Chen has complied with the Interim Terms, on the date of sentencing. and prior to imposition of judgment and sentence. the People shall request that the remaining charges against John Chen be dismissed in the interest of justice, pursuant to Penal Code section 1385. On the People's request, provided that the Court agrees that John Chen has complied with the Interim Terms, the parties anticipate that this Court will dismiss Counts 1, 4, 7, 10, 11 and 14 prior to the imposition of judgment and sentence. . In the event that John Chen has not complied with the Interim Terms as determined by the Court, John Chen shall not be permitted to withdraw his Felony pleas and shall be sentenced on Counts 1, 4, 7, 10, 11 and 14 by the Court. . Interim Terms (1) John Chen shall: a. Commit no intentional violations of Chapter 6.5. Division 20, of the California Health and Safety Code, and its implementing regulations, governing the control of hazardous waste, including electronic waste or any related residual; b. Withdraw as an Approved Recycler, Approved Collector, or other designation pursuant to the Electronic Waste Recovery and Recycling Program; c. Cease any dismantling, crushing, shredding, or any other processing of Covered Electronic Wastes (“CEWs”) or Cathode Ray Tube devices (“CRTs”): and, d. Cease all processing of beverage containers or other recyclable materials under the California Redemption Value program. iif ws Felony Plea Agreement CASE No, C 1085634(2) Within 180 days of the date of the entry of the Felony pleas, John Chen shall submit a certification to the People that he has completed an annual refresher course on developments in California hazardous waste and hazardous materials regulations and laws and that the developments will be incorporated into any business conducted by John Chen that involves the management of hazardous waste or hazardous materials. The certification shall be signed under penalty of perjury. G) Within 365 days of the date of the entry of the Felony pleas, John Chen shall perform 100 hours of Communiiy Service. as approved through the Sentencing Alternatives Program. Inc. (4) Within 365 days of the date of the entry of the Felony pleas, John Chen shall submit a certification to the People that the requirements of the California hazardous waste and hazardous materials regulations and laws have been be incorporated into any business conducted by John Chen that involves the management of hazardous waste or hazardous materials, and that the program is developed and disseminated to employees and is being applied. The certification shall be signed under penalty of perjury. c DEFENDANT 4 — JASON HUANG . Defendant Jason Huang (10/28/1944) shall plead nolo contendere (no contest) to the following five Felony charges: Cl) Count 2, Penal Code section 115 [offering false instrument to be filed with State}: (2 Count 3, Penal Cade section 115 [offering false instrument to be filed with State]: (3) Count 12, Penal Code section 470(d) [forgery]: (4) Count 13, Penal Code section 470(d) [forgery]: (5) Count 14. Penal Code section 470(d) [forgery]. . The payment of the total fine of $75,000 imposed upon Tung Tai shall be jointly and severally imposed upon defendant Jason Huang. . The payment of the restitution amount of $50,000 imposed upon Tung Tai shall be jointly and severally imposed upon defendant Jason Huang. Felony Plea Agreement CASE No. C 1085634 i. At the conclusion of the entry of Jason Huang's Felony plea. all other charges against Jason Huang contained in the Felony Complaint filed on August 19, 2010, shall be dismissed. . Jason Huang's sentencing shall be continued to a date set for 24 months from the time of the entry of Jason Huang's Felony plea. . On the date of sentencing. Jason Huang shall be permitted to withdraw his Felony plea to Counts 1. 2, 5. 13 and 14, provided that Jason Huang has complied with all of the Interim Terms, set forth below. . Ata date 12 months after the entry of the Felony plea, and again 30 days before the date of sentencing, Jason Huang shall file and serve a status report summarizing his activities relating to the Interim Terms and stating whether Jason Huang is in compliance with the Interim Terms, These status reports shall be signed under penalty of perjury. . 15 days before the date set for sentencing. the People shall file a status report with the Court. Jason Huang may file any objection to the People’s status report 7 days before the date set for sentencing. . Provided that Jason Huang has complied with the Interim Terms, on the date of sentencing, and prior to imposition of judgment and sentence, the People shall request that the remaining charges against Jason Huang be dismissed in the interest of justice, pursuant to Penal Code section 1385. On the People’s request, provided that the Court agrees that Jason Huang has complied with the Interim Terms, the parties anticipate that this Court will dismiss Counts 1, 2. 5, 12, 13 and 14 prior to the imposition of judgment and sentence. . In the event that Jason Huang has not complied with the Interim Terms as determined by the Court, Jason Huang shall not be permitted to withdraw his Felony pleas and shall be sentenced on Counts 1, 2, 5, 12, 13 and 14 by the Court. . Interim Terms (1) Jason Huang shall: a Refrain from and abstain from any management or on-site handling of hazardous waste, including electronic waste or any related residual, or with any disposal, transportation, Felony Plea Agreement CASE No. C 108563426 28 storage or treatment of hazardous waste as governed by Chapter 6.5, Division 20. of the California Health and Safety Code, and its implementing regulations; b. Withdraw as an Approved Recycler, Approved Collector, or other designation pursuant to the Electronic Waste Recovery and Recycling Program; c Cease any dismantling, crushing. shredding, or any other processing of Covered Electronic Wastes (“CEWs”) or Cathode Ray Tube devices (“CRTs”); and, d. Cease all processing of beverage containers or other recyclable materials under the California Redemption Value program. AT eSon A ney (2) Within 365 days of the date of the entry of the Felony pleas, Johth @hémshall perform 100 hours of Community Service, as approved through the Sentencing Alternatives Program, Inc. (3) During the interim term and prior to the date for Felony sentencing. Jason Huang may submit a request to the Superior Court seeking a return to a designated and specified form of employment in the industry involving hazardous waste and hazardous materials regulations and laws. The People may have the opportunity to respond or file any objection to Jason Huang returning to employment in the hazardous waste and hazardous material industry. D. ~- JOSEPH CHEN DEFENDANT conclusion of the entry of Felony pleas the People will request that the charges against Joseph Chen (10/20/1940) be dismissed in the interest of justice, pursuant to Penal Code section 1385. For Plaintiff, THE PEOPLE OF THE STATE OF CALIFORNIA: g Dated: July {__.2012 KAMALA D, HARRIS Attorney General of the State of California Original signed by Brett J. Morris BRETT J. MORRIS Deputy Attorney General Attorney's for Plaintiff The People of the State of California 8 Felony Plea Agreement CASE No. C 1085634For Defendant TUNG TAI GROUP. INC.: Dated: =. / f// 2 Approved as to Form: Dated: For Detendanis: pues: _ 2/9 a= / Dated: 4! ‘ | jt D- Fe Dated: Felony Plea Agreement By: TUNG TAI GROUP, INC.. a California Corporation Original signed by Joseph Chen JOSEPH CHEN oo President Tung Tai Group. Inc. Original signed by Allen Ruby q Skadden, Arps, Slate, Meagher & Flom. hel Attorneys for Defendant Tung Tai Group, Inc} Original signed by Joseph Chen 3 JOSEPH CHEN Original signed by John Chen JOHN CH 4 Original signed by Jason Huang JASON HUANG | CASE No. C 1085634GL IB/O SUPERIOR COURT OF CALIFORNIA Gig aoe COUNTY OF SANTA CLARA . SAN JOSE FACILITY COMPLAINT FOR CORPORATE SUMMONS FOR: TUNG TAI GROUP, INC. COMPLAINT FOR WARRANT(S): JOSEPH CHEN EAK279 JOHN CHEN EAK278 JASON HUANG EAK277 0 W955 3Y THE PEOPLE OF THE STATE OF CALIFORNIA, | Plaintiff, | | FELONY COMPLAINT | | AGONO: 2010900048 vs, | CEN | TT CORPORATE SUMMONS TUNG TAI GROUP, INC., | JC WARR ** 1726 ROGERS AVE., SAN JOSE, CA 95112 | * JC WARR ** JOSEPH CHEN (10/20/1940), | * JH WARR ** 236 W. SANTAYNEZ AVE., HILLSBOROUGH, CA 94010 | JOHN CHEN (08/13/1972), | F= [ i E 5 545 W.SANTA YNEZ AVE, HILLSBOROUGH, CA 94010 | ‘ JASON HUANG (10/28/1944), amen 697 VENUS COURT, FOSTER CITY, CA 94404 | AUG 19 cot0 Defendant(s).| MASAKI | imi - aia Clore ™ DEPUTY The undersigned is informed and believes that:, COUNT I On or about June 23, 2008, in the County of Santa Clara, State of California, the crime of PROCURING OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION 115, a Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN AND JOHN CHEN who did knowingly procure or offer a false or forged instrument, a Covered Electronic Waste Recycling Payment Claim, to be filed, registered or recorded in a public office within the State of California, which instrument if genuine, might be filed, registered or recorded under the laws of the State of California or of the United States. Page 1ney COUNT 2 On or about June 23, 2008, in the County of Santa Clara, State of California, the crime of PROCURING OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION 115, a Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND JASON HUANG who did knowingly procure or offer a false or forged instrument, a transfer receipt, to be filed, registered or recorded in a public office within the State of California, which instrument if genuine, might be filed, registered or recorded under the laws of the State of California or of the United States. COUNT 3 On or about June 23, 2008, in the County of Santa Clara, State of California, the crime of PROCURING OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION 115, a Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND JASON HUANG who did knowingly procure or offer a false or forged instrument, a transfer receipt, to be filed, registered or recorded in a public office within the State of California, which instrument if genuine, might be filed, registered or recorded under the laws of the State of California or of the United States. ‘COUNT 4 On or about June 30, 2008, in the County of Santa Clara, State of California, the crime of PROCURING OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION 115, a Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN AND JOHN CHEN who did knowingly procure or offer a false or forged instrument, a Covered Electronic Waste Recycling Payment Claim, to be filed, registered or recorded in a public office within the State of California, which instrument if genuine, might be filed, registered or recorded under the laws of the State of California or of the United States, COUNT 5 On or about June 30, 2008, in the County of Santa Clara, State of California, the crime of PROCURING OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION 115, a Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND JASON HUANG who did knowingly procure or offer a false or forged instrument, a transfer receipt, to be filed, registered or recorded in a public office within the State of Califomia, which instrument if genuine, might be filed, registered or recorded under the laws of the State of California or of the United States. Page 2Day COUNT 6. On or about June 30, 2008, in the County of Santa Clara, State of California, the crime of PROCURING OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION 115, a Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND JASON HUANG who did knowingly procure or offer a false or forged instrument, a transfer receipt, to be filed, registered or recorded in a public office within the State of California, which instrument if genuine, might be filed, registered or recorded under the laws of the State of California or of the United States. COUNT 7 On or about September 15, 2008, in the County of Santa Clara, State of California, the crime of PROCURING OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION 115, a Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN AND JOHN CHEN who did knowingly procure or offer a false or forged instrument, a Covered Electronic Waste Recycling Payment Claim, to be filed, registered or recorded in a public office within the State of California, which instrument if genuine, might be filed, registered or recorded under the laws of the State of California or of the United States. COUNT 8 On or about September 15, 2008, in the County of Santa Clara, State of California, the crime of PROCURING OR OFFERING A FALSE INSTRUMENT, in violation of PENAL CODE SECTION 115, a Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND JASON HUANG who did knowingly procure or offer a false or forged instrument, a transfer receipt, to be filed, registered or recorded in a public office within the State of California, which instrument if genuine, might be filed, registered or recorded under the laws of the State of California or of the United States. COUNT 9 On or about June 23, 2008, in the County of Santa Clara, State of California, the crime of FALSE OR FRAUDULENT CLAIM TO GOVERNMENT OFFICE, in violation of PENAL CODE SECTION 72, a Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND JASON HUANG who did, with the intent to defraud, present for allowance or for payment to a state board or officer authorized to allow or pay the same, if genuine, a false or fraudulent claim, bill, account, voucher, or writing. Page 3COUNT 10 On or about June 30, 2008, in the County of Santa Clara, State of California, the crime of FALSEOR FRAUDULENT CLAIM TO GOVERNMENT OFFICE, in violation of PENAL CODE SECTION 72, a Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND JASON HUANG who did, with the intent to defraud, present for allowance or for payment to a state board or officer authorized to allow or pay the same, if genuine, a false or fraudulent claim, bill, account, voucher, or writing. COUNT 11 On or about September 15, 2008, in the County of Santa Clara, State of Califomia, the crime of FALSE OR FRAUDULENT CLAIM TO GOVERNMENT OFFICE, in violation of PENAL CODE SECTION 72, a Felony, was committed by TUNG TAI GROUP, INC., JOSEPH CHEN, JOHN CHEN AND JASON HUANG who did, with the intent to defraud, present for allowance or for payment to a state board or officer authorized to allow or pay the same, if genuine, a false or fraudulent claim, bill, account, voucher, or writing. COUNT 12 On or about May 19, 2008, in the County of Santa Clara, State of California, the crime of FORGERY OF A CHECK, REQUEST FOR THE PAYMENT OF MONEY, OR:RECEIPT FOR MONEY OR GOODS, in violation of PENAL CODE SECTION 470(d), a Felony, was committed by TUNG TAI GROUP, INC., JOHN CHEN AND JASON HUANG who did, with the intent to defraud, falsely make, alter, forge or counterfeit, a request for the payment of money or a receipt for money or goods, and did utter, publish, pass, attempt to pass or offer to pass as true and genuine, the request for the payment of money or receipt for money or goods, knowing it to be false, altered, forged, or counterfeited. Page 4‘ COUNT 13 On or about June 5, 2008, in the County of Santa Clara, State of California, the crime of FORGERY OF A CHECK, REQUEST FOR THE PAYMENT OF MONEY, OR RECEIPT FOR MONEY OR GOODS, in violation of PENAL CODE SECTION 470(d), a Felony, was committed by TUNG TAI GROUP, INC., JOHN CHEN AND JASON HUANG who did, with the intent to defraud, falsely make, alter, forge or counterfeit, a request for the payment of money or a receipt for money or goods, and did utter, publish, pass, attempt to pass or offer to pass as true and genuine, the request for the payment of money or receipt for money or goods, knowing it to be false, altered, forged, or counterfeited. COUNT 14 On or about June 6, 2008, in the County of Santa Clara, State of California, the crime of FORGERY OF A CHECK, REQUEST FOR THE PAYMENT OF MONEY, OR RECEIPT FOR MONEY OR GOODS, in violation of PENAL CODE SECTION 470(d), a Felony, was committed by TUNG TAT GROUP, INC., JOHN CHEN AND JASON HUANG who did, with the intent to defraud, falsely make, alter, forge or counterfeit, a request for the payment of money or a receipt for money or goods, and did utter, publish, pass, attempt to pass or offer to pass as true and genuine, the request for the payment of money or receipt for money or goods, knowing it to be false, altered, forged, or counterfeited. COUNT 15 On or about August 26, 2009, in the County of Santa Clara, State of California, the crime of VIOLATION OF A PROVISION, PERMIT, RULE, REGULATION, STANDARD AND REQUIREMENT ISSUED AND ADOPTED PURSUANT TO THE HAZARDOUS WASTE CONTROL CHAPTER, in violation of HEALTH & SAFETY CODE SECTION 25190, a Misdemeanor, was committed by TUNG TAI GROUP, INC., JOHN CHEN AND JASON HUANG who did unlawfully violate a provision and permit, rule, regulation, standard, and requirement issued and adopted pursuant to Chapter 6.5 [Hazardous Waste Control] of the Health and Safety Code, who failed to label or mark each waste battery or container of waste batteries with the required labels, markings, or phrases, which based on duplicate conduct that had been observed during prior inspections are repeat violations of section 66273.34 of Title 22 of the California Code of Regulations. Page 5COUNT 16 On or about August 26, 2009, in the County of Santa Clara, State of California, the crime of VIOLATION OF A PROVISION, PERMIT, RULE, REGULATION, STANDARD AND REQUIREMENT ISSUED AND ADOPTED PURSUANT TO THE HAZARDOUS WASTE CONTROL CHAPTER, in violation of HEALTH & SAFETY CODE SECTION 25190, a Misdemeanor, was committed by TUNG TAI GROUP, INC., JOHN CHEN AND JASON HUANG who did unlawfully violate a provision and permit, rule, regulation, standard, and requirement issued and adopted pursuant to Chapter 6.5 [Hazardous Waste Control] of the Health and Safety Code, who failed to dismantle electronic devices or remove yokes from CRTs over, on, of in a containment device sufficient to contain any universal waste or component of such waste which based on duplicate conduct that had been observed during prior inspection is a repeat violation of section 66273,72(c)(2)(C) of Title 22 of the California Code of Regulations. COUNT 17 On or about August 26, 2009, in the County of Santa Clara, State of California, the crime of VIOLATION OF A PROVISION, PERMIT, RULE, REGULATION, STANDARD AND REQUIREMENT ISSUED AND ADOPTED PURSUANT TO THE HAZARDOUS WASTE CONTROL CHAPTER, in violation of HEALTH & SAFETY CODE SECTION 25190, a Misdemeanor, was committed by TUNG TAI GROUP, INC., JOHN CHEN AND JASON HUANG who did unlawfully violate a provision and permit, rule, regulation, standard, and requirement issued and adopted pursuant to Chapter 6.5 [Hazardous Waste Control] of the Health and Safety Code, who failed to mark the accumulation date or demonstrate the length of time in which universal waste electronic devices had been accumulated as waste which based on duplicate conduct that had been observed during prior inspections are repeat violations of section 66273.35(b) of Title 22 of the California Code of Regulations. Page 6Any defendant, including a juvenile, who is convicted of and pleads guilty or no contest to any felony offense, including any- attempt to commit the offense, charged in this complaint or information is required to provide buccal swab samples, right thumbprints and a full palm print impression of each hand, and any blood specimens or other biological samples required pursuant to the DNA and Forensic Identification Database and Data Bank Act of 1998 and Penal Code section 296, et seq. Further, attached and incorporated by reference are official reports and documents of a law enforcement agency which the complainant believes establish probable cause for the issuance of a Summons for TUNG TAI GROUP, INC., for the above-listed crimes. Wherefore, A CORPORATE SUMMONS IS REQUESTED. Further, attached and incorporated by reference are official reports and documents of a law enforcement agency which the complainant believes establish probable cause for the arrest of defendant JOSEPH CHEN, for the above-listed crimes, Wherefore, A WARRANT OF ARREST IS REQUESTED for each defendant. Further, attached and incorporated by reference are official reports and documents of a law enforcement agency which the complainant believes establish probable cause for the arrest of defendant JOHN CHEN, for the above-listed crimes. Wherefore, A WARRANT OF ARREST IS REQUESTED for each defendant. Further, attached and incorporated by reference are official reports and documents of a law enforcement agency which the complainant believes establish probable cause for the arrest of defendant JASON HUANG, for the above-listed crimes. Wherefore, A WARRANT OF ARREST IS REQUESTED for each defendant. Page 7Complairant therefore requests that the defendant(s) be dealt with according to law, I certify under penalty of perjury that the above is true and correct. Executed on August _/ G5 , 2010, in SANTA CLARA County, California. Warrant received for service by: CC Criminaf Infvestigator C. Gallardo on. (OCI #003) Cash or Bond $ DTSC (510) 540-3748 EPA#CAL02200448 MORRIS/ D02/ FELONY/ JUDGE OF THE SUPERIOR COURT Page 8