Cer aueon 10 u 12 13 4 1s 16 17 18 19 20 2 22 23 24 25 26 27 28 RONALD J. FREITAS San Joaquin County District Attorney CELESTE KAISCH, SBN 234174 Deputy District Attomey ‘Consumer and Environmental Crimes Unit 222 B. Weber Ave., Room 202 : Stockton, CA 95202 ; Telephone: (209) 468-2400 Facsimile: (209) 468-0314 Email: Celeste [email protected] {Additional Plaintiff's Counsel Listed on Attachment A] Attorneys for The People of the State of California SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN JOAQUIN srx-cy. UT aay SE us ‘THE PEOPLE OF THE STATE OF CALIFORNIA, ) Case No ie Plaintiff, } Assigned to forall puxposes to: Z vs. } COMPLAINT FOR : TESLA, INC., a Delaware Corporation, ; CVE PEA TON, Defendant, OTHER EQUITABLE RELIEF } Exempt from fees per Gov. } Code § 6103 i Plaintiff, THE PEOPLE OF THE STATE OF CALIFORNIA (“People”), based on information and belief, alleges as follows: LAINTIRE | 1, ‘The People bring this action by and through Ronald J. Freitas, District Attorney of San Joaquin County; Pamela Y. Price, District Attorney of Alameda County; Michael L, Ramsey, District Attorney of Butte County; Diana Becton, District Attorney of Contra Costa County; Lisa A. Smitteamp, District Attorney of Fresno County; Cynthia J. Zimmer, Distt Attorney of Ken County; George Gascén, District Attomey of Los Angeles County; Loti E, a PEOPLE V. TESLA, INC. - COMPLAINT FOR PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFCea. 10 nt 12 B 14 15 16 7 18 19 20 a 22 23 24 25 26 2 28 Frugoli, Distriot Attorney of Marin County; Jeannine M. Pacioni, District Attorney of Monterey County; Todd Spitzer, District Attomey of Orange County; Morgan Gire, District Attorney of Placer County; Michael A. Hestrin, District Attomey of Riverside County; Thein Ho, District ‘Attomey of Sacramento County; Jason Anderson, District Attomey of San Bemardino County; 7 trict Attomey of San Diego County; Brooke Jenkins, District Attomey of Summer Stephan, San Francisco County; Dan Dow, District Attorney of San Luis Obispo County; Stephen M. Wagstaff, District Attomey of San Mateo County; John Savmnoeh, District Attomey of Santa Barbara County; Jeffrey F. Rosen, District Attomey of Santa Clara County; Krishna A. Abrams, District Attomey of Solano County; Carla Rodriguez, District Attomey of Sonoma County; Jeff Laugeo,Disct Attorney of Sunisiaas County; TinothyB. Ward, District Atomey of Tule County; and Brik Nasarenko, District Attomey of Ventura County (collectively “Prosecutors"| or “Prosecuting Agencies”). : 2. Pursuant to Health and Safety Code section 25182, the Prosecutors may bring a civil action in the name of the People of the State of California to enjoin any violation of Chapter 6.5 of Division 20 of the Health and Safety Code (hereinafter “Chapter 6.5”) and to seek civil penalties for violations of the provisions of Chapter 6.5. 3, Pursuant to Business and Professions Code sections 17203, 17204, and 17206, the Prosecutors may bring a civil action in the name of the People of the State of California td enjoin any person who engages, has engaged, or proposes to engage in unfair competition, as| defined in California Business and Professions Code section 17200, and to seek civil penalties for each unlawful act or act of unfair competition. 4, Plaintiff brings this action without prejudice to any other action or claim which Plaintiff may have based on separate, independent and unrelated violations arising out of matters or allegations that are not set forth in this Complaint. DEFENDANT 5. Defendant TESLA, INC., is now and was, at all times mentioned in this Complaint, a Delaware corporation. Defendant currently conduets and has conducted business on its ovm and/or through employees agents and afte in the State of California at faites 2 i PEOPLE V. TESLA, INC. - COMPLAINT FOR | PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFSecmurdksH a wH oF 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 ‘owned and/or operated by Defendant. These facilities are collectively referred to herein as the “Facilities,” and a list of the locations of the Facilities is attached as Exhibit A. ! 6. Defendant conduets different operations at different Facilities. These include vehicle manufacture, battery production, and automotive repair. 7. Defendant is, and at all times relevant to the claims in this Complaint was, legally responsible for compliance with the provisions of Chapter 6.5 of Division 20 of the Health and Safety Code, and the implementing regulations of that chapter, in connection with Defendant's ownership and/or operation of the Facilities. 8 Defendant is a “person,” as defined in Business & Professions Code section 17201. 9. Defendant is a “business,” as defined in Civil Code section 1798.80, subdivisign @). 10. When reference is made herein to any act or omission of Defendant, such | allegations shall include the acts and omissions of owners, officers, directors, agents, employees, contractors, vendors, subsidiaries, affiliates, and/or representatives of Defendant | while acting in the course and scope of their employment or agency on behalf of the entity. JURISDICTION AND VENUE, LL, Venue is proper in San Joaquin County pursuant to Health and Safety Code sections 25183, and Business and Professions Code sections 17200 et seq, in that certain of the violations alleged in the Complaint occurred in San Joaquin County and throughout the State of California. 12, This Court has jurisdiction pursuant to Article 6, section 10 of the California Constitution and Code of Civil Procedure section 393. applicable statute of limitations. Pursuant to the terms of those agreements, each day from 13. Plaintiff and Defendant have entered into a series of agreements to toll any | March 31, 2021 through August 31, 2023 (hereinafter, the “Tolling Period”) will not be | included in computing the time limited by any applicable statute of limitations. Additionally, on April 6, 2020, the Judicial Council of California adopted Emergency Rule No. 9 in response PEOPLE V. TESLA, INC. - COMPLAINT FOR PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFwn wn Cores 10 ul 12 2B 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 to the COVID-19 global health pandemic, which tolled statutes of limitations for civil causes of action until 90 days after Governor Gavin Newsom lifted the current state of emergency. The Judicial Council of California subsequently amended Emergency Rule 9, effective May 29, | 2020, providing that: “Notwithstanding any other law, the statutes of limitations and repose for civil causes of action that exceed 180 days are tolled from April 6, 2020, until October 1, 2020." STATUTORY AND REGULATORY BACKGROUND i 14, The State of California has enacted a comprehensive statutory and regulatory framework for the generation, handling, treatment, storage, transportation, and disposal of | hazardous wastes. This framework, contained in Chapter 6.5 of Division 20 of the Health and Safety Code, section 25100, et seq., and its implementing regulations, which are found at Title 2 of the California Code of Regulations section 66260.1, et seq., mandates a “cradle to grave” system known as the Hazardous Waste Control Law (HWCL). The HWCL system is, | maintained to record the generation, registration, tracking, storage, treatment, and disposal of! hazardous wastes and to provide for the protection of the public and the environment from present or potential risks posed by hazardous wastes. Companies that accumulate or gencrate| hazardous waste in the course oftheir operations and send such waste offsite for management, treatment, storage, or disposal are subject to regulatory requirements. (See 22 CCR § 66262.10, et seq.) ENFORCEMENT AUTHORITY 15, Sections 25189 (c) and 25189 (d) of the Health and Safety Code impose civil | liability for any intentional or negligent disposal of hazardous waste ata point not authorized | according to the provisions of the HWCL. Section 25189.2(c) is an alternative strict liability | provision, which creates liability for any disposal of hazardous waste at @ point not authorized according to the provisions of the HWCL. 16. Section 25189 (b) of the Health and Safety Code imposes civil liability for any intentional or negligent violation of the HWCL, or for any violation of any permit, rule, regulation, standard, or requirement issued or promulgated pursuant to the HWCL. Section 25189-2(b) isan altematve strict ibility provision, which creates liability for eny violation of | 4 T PEOPLE V. TESLA, INC. - COMPLAINT FOR ' PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEF flween we aea 10 ul 12 13 14 15 16 17 18 19 20 ai 22 23 24 25 26 27 28 the HWCL, or for any violation of any permit, rule, regulation, standard, or requirement issued or promulgated pursuant to the HWCL. ! 17. Sections 17200 through 17208 of the Business and Professions Code (the “Unfair Competition Law” or “UCL”) impose civil liability for any act of unfair competition, as defined in California Business and Professions Code section 17200, to include any “unlawful [or]! unfair... business act or practice.” 18, The UCL, pursuant to Busines and Professions Code setions 17203 and 17204, authorizes the Court to issue an order to enjoin any person who engages, has engaged, or! proposes to engage in unfair competition as defined in California Business and Professions Code section 17200, The UCL also provides, pursuant to Business and Professions Code section 17205, that the remedies or penalties provided by the UCL are cumulative to each other | 19. Health and Safety Code sections 25181 and 25184 authorize the Court to issue!an and to the remedies or penalties available under all other laws of this state. order to enjoin any ongoing or potential violation of the HWCL, or of any applicable rule, | regulation, permit, standard, requit ment, or order issued or promulgated pursuant to the HWCL. 20, Health and Safety Code section 25184 provides that in civil actions brought | pursuant tothe HWCL, in which an injunction or temporary restraining order is sought, it shall not be necessary for the People to allege or prove at any stage of the proceeding that irreparable damage will ocour should the temporary restraining order, preliminary injunction, or permaneht injunetion not be issued, or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without such allegations and without such proof. | GENERAL ALLEGATIONS | 21. Atal times relevant to this Complaint, Defendant handled, transported, stored, managed, used, and disposed of hazardous materials, and continues to do so at and/or from its Facilities, in the ordinary course of operations, including those relating to the servicing of electric vehicles and the development and manufacture of electric vehicles and electric vehicle 5 PEOPLE V. TESLA, INC. - COMPLAINT FOR i PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFCer aueuen 10 MW 12 13 14 15 16 7 18 19 20 a 2 23 24 25 26 27 28 parts, including batteries. These hazardous materials include, but are not limited to: lubricating oils, brake fluids, lead acid batteries, aerosols, antifreeze, cleaning fluids, propane, paint, | acetone, liquefied petroleum gas, adhesives, and diesel fuel. 22. Atal times relevant to this Complaint, Defendant generated regulated quantities of hazardous waste and continues to gencrate such waste at the Facilities, including but not imited to: used lubricating oils, brake cleaners, used lead acid batteries and other batteries, | used aerosols, used antifreeze, waste solvents and other cleaners, electronic waste, waste paint, and contaminated debris. 23, tall times relevant to this Complaint, at its Fremont Factory, located at 45500 Fremont Boulevard in Fremont, TESLA, INC., generated and continues to generate the! following hazardous wastes: weld spatter waste (which at times contains copper) produced irl the course of welding metal car panels; waste paint mix cups produced during paint repair operations; and used wipes contaminated with primer coat generated by wiping the surfaces of coated vehicles. 24, Atal times relevant to this Complaint, Defendant generated hazardous waste during every ninety (90) day period, and continues to do so, at each of the Facilities. 25, Atall times relevant fo this Complaint, Defendant ovmed, controlled, financed; marketed, managed, directed, and was, and continues to be, responsible for the operations of the Facilities, including the handling of hazardous materials and the management of hazardous waste. 26, Atal imes relevant to this Complaint, Defendant is and was legally responsible forall acts and omissions of is officers, directors, agents employees, subsidiaries, contractor, vendors, affiliates, and/or representatives relating to the handling of hazardous materials and the management of hazardous waste at the Facilities, and failed to take appropriate steps to prevent and/or correct the alleged violations despite having sufficient power and authority and with notice of the alleged violations. 27. Atal times relevant to this Complaint, Defendant was aware of, established, implemented, managed, directed, approved, and ratified the business activities at each of the | i 6 PEOPLE V. TESLA, INC. - COMPLAINT FOR PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEPCe raueun 10 WL 12 13 4 15 16 7 18 19 20 2 2 23 24 25 27 28 Facilities, including the policies and procedures for the handling of hazardous materials and the management of hazardous waste. Defendant's actions and/or omissions, as part of continuing course of conduct, are or were the legal cause of the violations alleged herein, and Defendant reasonably could have acted to prevent violations and comply with applicable Jaws and regulations. 28. Atall times relevant to this Complaint, at some or all of the Facilities, Defenddnt has violated provisions of the following statutes, including implementing regulations associated with each of these statutes, and any related permit, rule, standard, or requirement issued or promulgated pursuant to these statutes: Chapter 6.5 of the Health and Safety Code, section 25100 et seq.; and Business and Professions Code section 17200 et seq, SPECIFIC ACTS/OMISSIONS IN VIOLATION OF : CALIFORNIA ENVIRONMENTAL LAWS 29. The People are informed and believe and based thereon allege that within the time applicable to this action, Defendant has caused and/or performed each of the following acts and/or omissions in violation of California law in the ownership and/or operation of some or all of the Facilities: : a. Disposed, or caused the disposal, of hazardous waste at a point not authorized by Jaw, in violation of Health and Safety Code sections 25189 and 25189.2, including, but not limited to, the disposal of hazardous waste into any trash container, dumpster, or compactor at the Facilities, or caused the disposal of hazardous waste at a transfer station or landfill that is not permitted to accept hazardous waste; : b. Transported, transferred custody of, ot caused to be transported in California any hazardous waste, as required by Health end Safety Code section 25163; ©. Pailed to determine if waste generated atthe Facilites was a hazardous waste, as required by California Code of Regulations, Title 22, sections 66262.11 and 66260.200(¢);! 4. Failed to properly mark, label, and store containers and tanks of hazardous waste at the Facilities, as required under California Code of Regulations, Title 22, section 66262.34;, 1 PEOPLE V. TESLA, INC. - COMPLAINT FOR PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEF 1Cm rane n 10 ul 12 1B 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 €. Failed to properly use and complete a uniform hazardous waste manifest prior{o transportation of hazardous waste from the Facilites, as required by Health and Safety Code ' section 25160 and California Code of Regulations, Title 22, section 66262.42; £ Failed to timely file with the Department of Toxic Substances Control (‘DTSC”) ahazardous waste manifest for all hazardous waste that was transported, or submitted for transportation, for offsite handling, treatment, storage, disposal, or any combination thereof, ; from any Facility, as required by Health and Safety Code section 25160(b)(3) and California" Code of Regulations, Title 22, section 66262.23; & Failed to segregate incompatible hazardous waste, as required by California Code of Regulations, Title 22, section 66265.177; ' h, Failed to properly manage universal waste, including but not limited to none! empty acrosol cans within the meaning of Health and Safety Code section 25201.16, at the Facilities, as required by California Code of Regulations, Title 22, section 66273.1 et seq.; and i. Failed to comply with employee training and record-keeping requirements, pertaining to the handling of hazardous waste, as required by California Code of Regulations, Title 22, section 6265.16. i FIRST CAUSE OF ACTION | (intentional Disposal of Hazardous Waste at an Unauthorized Point) (Health & Safety Code § 25189, subd. (c)) 30. Plaintiff realleges paragraphs 1 through 29, inclusive, 31. Health and Safety Code section 25189, subdivision (¢), prohibits intentionally disposing of, or causing the disposal of, hazardous waste at a point not authorized by the provisions of Chapter 6.5 of Division 20 of the Health and Safety Code. | 32. Defendant has intentionally disposed of, and intentionally caused the disposal of, hazardous waste from the Facilities at an unauthorized point, in violation of California Health| and Safety Code section 25189, subdivision (c), and unless enjoined by order of the Court, | ' Defendant may or will continue in such unlawful acts and practices as alleged herein. \ 8 PEOPLE V. TESLA, INC. - COMPLAINT FOR PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFCer aueun 10 Mt 12 13 4 15 16 7 18 19 20 2 22 23 24 25 26 2 28 33. Each intentional disposal of hazardous waste at an unauthorized point discovered within five years of commencing this action, in addition to any applicable tolling periods and! those set forth in paragraph 13 herein, subjects Defendant to a separate and additional civil penalty under Health and Safety Code section 25189, subdivision (c). 34. Each day on which the waste was knowingly allowed to remain at such, unauthorized point, without Defendant immediately filing a report of the deposit with DTSC | and complying with a cleanup order, subjects Defendant to a separate and additional civil | penalty under Health and Safety Code section 25189, subdivision (c). : 35. Based on the above, the People request injunctive relief against Defendant under Health and Safety Code sections 25181 and 25184, and civil penalties under Health and Safety Code section 25189, subdivision (c), as deseribed in the People’s prayer for relief. | SECOND CAUSE OF ACTION (Negligent Disposel of Hazardous Waste at an Unauthorized Point) (Health and Safety Code, §25189, subd. (d)) 36. Plaintiff realleges paragraphs 1 through 35, inclusive, 37. Health and Safety Code Section 25189, subdivision (d), prohibits the negligent disposal of hazardous waste at a point not authorized by the provisions of Chapter 6.5 of | Division 20 of the Health and Safety Code. 38. Defendant has negligently disposed of, and negligently caused the disposal of, hazardous waste from the Facilities at an unauthorized point, in violation of California Health| and Safety Code section 25189, subdivision (4), and unless enjoined by order of the Court, | Defendant may or will continue in such unlawful acts and practices as alleged herein. 39. Each negligent disposal of hazardous waste at an unauthorized point discovered within five years of commencing this action, in addition to any applicable tolling periods and | those set forth in paragraph 13 herein, subjects Defendant to a separate and additional civil | penalty under Health and Safety Code section 25189, subdivision (4). 40. Each day on which the waste was knowingly allowed to remain at such unauthorized point, without Defendant immediately filing a report of the deposit with DTSC wv 9 PEOPLE V. TESLA, INC. - COMPLAINT FOR PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFSecerxraueun and complying with a cleanup order, subjects Defendant to a separate and additional civil penalty under Health and Safety Code section 25189, subdivision (d). | 41. Based on the above, the People request injunctive relief against Defendant under Health and Safety Code sections 2518] and 25184, and civil penalties under Health and Safety Code section 25189, subdivision (d), as described in the People’s prayer for relief. THIRD CAUSE OF ACTION (Strict Liability for Disposal of Hazardous Waste at an Unauthorized Point) (Health & Safety Code, § 25189.2, subd. (c)) 42. Plaintiff realleges paragraphs 1 through 41, inclusive. 43. Health and Safety Code section 25189.2, subdivision (c), prohibits the disposal of hazardous waste at an unauthorized point as a matter of strict liability. i 44. Defendant has disposed of, and caused the disposal of, hazardous waste from the Facilities at an unauthorized point, in violation of California Health and Safety Code section 25189.2, subdivision (c), and unless enjoined by order of the Court, Defendant may or will continue in such unlawful acts and practices as alleged herein. 45. Each disposal of hazardous waste at an unauthorized point discovered within five ‘years of commencing this action, in addition to any applicable tolling periods and those set forth, in paragraph 13 herein, subjects Defendant to a separate and additional civil penalty under Health and Safety Code section 25189.2, subdivision (c). 46. Each day on which the waste remained at such unauthorized point, without Defendant immediately filing a repost of the deposit with DTSC and complying with a cleany onder, subjects Defendant to a separate and additional civil penalty under Health and Safety Code section 25189.2, subdivision (c). 47. Based on the above, the People request injunctive relief against Defendant under Health and Safety Code sections 25181 and 25184, and civil penalties under Health and Safet Code section 25189.2, subdivision (c), as described in the People’s prayer for relief. v \ N 10 PEOPLE V. TESLA, INC. - COMPLAINT FOR PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFSomaya dasH aun ll 12 B 14 15 16 7 18 9 20 21 22 2B 24 25 26 2 2B FOURTH CAUSE OF ACTION (Intentional or Negligent Violation of Hazardous Waste Provision, i Permit, Rule, Regulation, Standard, or Requirement) | (Health & Safety Code, § 25189, subd. (b)) 48, Plaintiff realleges paragraphs 1 through 47, inclusive. 49, Health and Safety Code section 25189, subdivision (b), prohibits the intentional or negligent violation of any provision of the HWCL, or of any permit, rule, regulation, standard, or requirement issued or promulgated pursuant to the HWCL. 50. Defendant has intentionally and negligently violated provisions, permit, rules, regulations, standards, and requirements of the HWCL applicable to the Facilities by committing the acts and omissions alleged above, and unless enjoined by order of the Court, Defendant may or will continue in such unlawful aets and practices as alleged herein. 51. Each intentional or negligent violation of a provision, permit, rule, regulation, standard, or requirement of the HWCL discovered within five years of commencing this action, in addition to any applicable tolling periods and those set forth in paragraph 13 herein, subjects Defendant to a separate and additional civil penalty under Health and Safety Code section + 25189, subdivision (b). | 52. Each day on which a violation continued subjects Defendant to a separate and additional civil penalty under Health and Safety Code section 25189, subdivision (b). : 53. Based on the above, the People request injunctive relief against Defendant under Health and Safety Code sections 25181 and 25184, and civil penalties under Health and Safe Code section 25189, subdivision (b), as described in the People’s prayer for relief. T i | | i FIFTH CAUSE OF ACTION (Strict ity for Violation of Hazardous Waste Provision, Permit, Rule, Regulation, Standard, or Requirement) (Health & Safety Code, § 25189.2, subd. (b)) 54, Plaintiff realleges paragraphs 1 through 53, inclusive. 55. Health and Safety Code section 25189.2, subdivision (b), prohibits as a matter of strict liability the violation of any provision of the HWCL, or of any permit, rule, regulation, standard, or requirement issued or promulgated pursuant to the HWCL. nN i PEOPLE V. TESLA, INC. - COMPLAINT FOR, PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFSen iuaueoun ul 12 B 14 15 16 17 18 19 20 2 24 25 26 27 28 56. Defendant has violated provisions, permit, rules, regulations, standards, and | roquirements of the HWCL applicable to the Facilities by committing the acts and omissions | alleged above, and unless enjoined by order of the Court, Defendant may or will continue in ° such unlawful acts and practices as alleged herein. 57. Bach violation of a provision, permit, rule, regulation, standard, or requiemet ofthe HWCL discovered within five years of commencing this action, in addition to any | applicable tolling periods and those set forth in paragraph 13 herein, subjects Defendant toa separate and additional civil penelty under Health and Safety Code section 25189.2, subdivision ©). i 58. Each day on which a violation continued subjects Defendant to a separate and additional civil penalty under Health and Safety Code section 25189.2, subdivision (b). 59. Based on the above, the People request injunctive relief against Defendant under Health and Safety Code sections 25181 and 25184, and civil penalties under Health and Safety Code section 25189.2, subdivision (b), as described in the People’s prayer for relief. : SIXTH CAUSE OF ACTION 1 (Violations of Unfair Competition Law) : Business & Professions Code sections 17200, et seq.) | | 60. Plaintiff realleges paragraphs 1 through 59, inclusive. 61. Within four years of commencing this action, exclusive of any applicable tolling periods, including those set forth in paragraph 13 herein, Defendant has engaged in, and continue to engage in, the unlawdul acts and omissions and practices that constitute unfair | competition within the meaning of Business and Professions Code sections 17200 et seq., including but not limited to the acts and omissions and practices alleged in the First through| Fifth Causes of Action, above. 62. Each day that Defendant engaged in each separate unlawful act, omission, of; practice is a separate and distinct violation of Business and Professions Code section rt 63. Pursuant to Business and Professions Code section 17206, Defendant is liable for civil penalties for each separate violation as alleged herein, ' v 12 i PEOPLE V. TESLA, INC. - COMPLAINT FOR, | PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFSo mrxauron u 12 13 4 15 16 7 18 19 20 ai 2 23 24 25 26 27 28 64. Based on the above, Defendant must be immediately and permanently enjoined, pursuant to Business and Professions Code section 17203, from engaging in acts or practices | that, as alleged in this Complaint, constitute a violation of Chapter 6.5 of Division 20 of the | Health and Safety Code or of its implementing regulations, which thereby constitutes unfair | competition within the meaning of Business and Professions Code section 17200. i PRAYER FOR RELIEF Based on the above, the People request the following relief: | 1. A Permanent Injunction requiring Defendant to comply with those provisions of Health and Safety Code, Division 20, Chapter 6.5 and implementing regulations, which Defendant is alleged to have violated; 2. A Permanent Injunction, issued pursuant to Business and Professions Code | section 17203, prohibiting Defendant from engaging in any act or practice that violates any : provision of Chapter 6.5 of Division 20 of the Health and Safety Code, or of Civil Code section 1798.80 et seq., as alleged in this Complaint, which thereby constitutes unfair competition | within the meaning of Business and Professions Code section 17200; | 3. Civil penalties against Defendant, pursuant to Heath and Safety Code section 25189, subdivision (¢) or (4), or alternatively section 25189.2, subdivision (c), in an amount 25189, subdivision (b), or alternatively section 25189.2, subdivision (b), in an amount according. according to proof; 4, Civil penalties against Defendant pursuant to Health and Safety Code section to proof; | 5. Civil penalties against Defendant, pursuant to Health and Safety Code section 25189, subdivision (a), or alternatively section 25189.2, subdivision (a), in an amount according, to proof; 6. Civil penalties against Defendant, pursuant to Business and Professions Code section 17206 for each act of unfair competition, in an amount according to proof; | 7. Plaintiff's attomeys’ fees, and costs of inspection, investigation, enforcement, prosecution, and suit, herein; and, 13 PEOPLE V. TESLA, INC. - COMPLAINT FOR PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEF |Cer annnen 10 u 12 13 4 15 16 7 18 19 20 21 2 B 24 25 26 27 28 8. Such other and further relief as the Court deems just and proper. RESPECTFULLY REQUESTED: : Vy A. et, x. RONALD J. FREITAS | District Attomey of San Joaquin County; » LAE ecu | Celeste Kaiscl’ Deputy District Attorney : Attorneys for Plaintiff; | The People of the State of California 14 PEOPLE V. TESLA, INC. - COMPLAINT FOR ' PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFCer aneren 10 il 12 B 4 15 16 17 18 19 20 2 2 23 24 25 26 Be 28 Attachment A - Additional Counsel for Plaintiff, the People of the State of California PAMELA Y. PRICE Alameda County District Attorney CARLOS I.E. GUZMAN, SBN 219185 Deputy District Attorney 7677 Oakport St., Ste. 650 Oakland, CA 94621 Telephone: (510) 383-8600 MICHAEL L. RAMSEY Butte County Distriet Attorney Deputy District Attomey Administration Building 25 County Center Drive, Suite 245 Oroville, CA 95965-3370 ‘Telephone: (530) 538-7411 DIANA BECTON Contra Costa County District Attorney STACEY N. GRASSINI, SBN 154937 Deputy District Attomey 900 Ward Street P.O. Box 670 Martinez, CA 94553-0150 Telephone: (925) 957-8604 LISA A. SMITTCAMP Fresno County District Attorney ADAM KOOK, SBN 285541 Deputy District Attomey P.O. Box 389 Fresno, CA 93708 ‘Telephone: (559) 600-3141 CYNTHIA J. ZIMMER Kern County District Attorney GREGORY J. KOHLER, SBN 144063 Deputy District Attorney 1215 Truxtun Avenue Bakersfield, CA 93301 Telephone: (661) 868-2340 15 PEOPLE V. TESLA, INC. - COMPLAINT FOR, PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFCmranaen 10 MW 12 1B 14 15 16 7 18 19 20 au 22, 23 24 25 26 27 28 GEORGE GASCON Los Angeles County District Attorney DANIEL J. WRIGHT, SBN 129309 Deputy District Attomey 211 West Temple Street, Suite 1000 Los Angeles, CA 90012 ‘Telephone: (213) 257-2454 LORIE. FRUGOLI Marin County District Attorney ANDRES H. PEREZ, SBN 186219 Deputy District Attorney 3501 Civic Center Drive, Room 130 San Rafael, CA 94903 Telephone: (415) 499-6495 JEANNINE M. PACIONI Monterey County District Attorney Emily Hickok, SBN 247175 Deputy District Attomey 1200 Aguajito Road, Room 301 Monterey, CA 93940 Telephone: (831) 647-7770 TODD SPITZER Orange County District Attorney WILLTAM FALLON, SBN 190986 Deputy District Attorney 300 N. Flower Street Santa Ana, CA 92703 Telephone: (714) $34-3600 MORGAN GIRE Placer County District Attorney BENJAMIN A. EGGERT, SBN 242183 Deputy District Attorney 10810 Justice Center Drive, Suite 240 Roseville, CA 95678 Telephone: (916) 543-8000 16 PEOPLE V. TESLA, INC. - COMPLAINT FOR PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFSecwrxraueren iW 2 13 14 15 16 7 18 19 20 2 22 23 24 25 26 27 28 MICHAEL A. HESTRIN Riverside County District Attorney LAUREN R. MARTINEAU, SBN 250982 Deputy District Attorney 3960 Orange Street, First Floor Riverside, CA 92501-3707 Telephone: (951) 955-5400 ‘HEIN HO Sacramento County District Attorney DOUGLAS WHALEY, SBN 144557 Supervising Deputy District Attorney 906 G Street, Suite 700 Sacramento, CA 95814 Telephone: (916) 874-6174 JASON ANDERSON San Bernardino County District Attorney PAUL LEVERS, SBN 250110 Deputy District Attormey 303 W. 3" Street, 5" Floor San Bernardino, CA 92415 Telephone: (909) 891-3330 SUMMER STEPHAN San Diego County District Attorney MICHAEL MeCANN, SBN 238794 Deputy District Attorney 330 West Broadway, Suite 750 San Diego, CA 92101 Telephone: (619) 531-4070 BROOKE JENKINS San Francisco County District Attorney KEVIN WONG, SBN 215446 Assistant District Attomey 732 Brannan Street, Second Floor San Francisco, CA94103 Telephone: (415) 551-9500 Ww PEOPLE V. TESLA, INC. - COMPLAINT FOR PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFaa HR wH 10 uw 12 1B 14 16 7 18 19 20 21 22 23 24 25 26 a7 28 DAN DOW San Luis Obispo County District Attorney KENNETH J, JORGENSEN, SBN 220887 Deputy District Attorney County Government Center, Room 450 San Luis Obispo, CA 93408 Telephone: (805) 781-5800 STEPHEN M. WAGSTAFFE San Mateo County District Attorney KENNETH A. MIFSUD, SBN 144000 Deputy District Attorney In-Charge 400 County Center, Third Floor Redwood City, CA 94063 Telephone: (650) 363-4098 JOHN SAVRNOCH. Santa Barbara County District Attorney CHRISTOPHER DALBEY, SBN 285562 Deputy District Attorney 1112 Santa Barbara Street Santa Barbara, CA 93101 Telephone: (805) 568-2308 JEFFREY F. ROSEN Santa Clara County District Attorney BUD PORTER, SBN 197277 Supervising Deputy District Attorney 70 West Hedding Street, West Wing San Jose, CA 95110 ‘Telephone: (408) 792-2525 KRISHNA A. ABRAMS Solano County District Attorney DIANE NEWMAN, SBN 179926 Deputy District Attorney 675 Texas Street, Suite 4500 Fairfield, CA 94533-6340 Telephone: (707) 784-6800 18 PEOPLE V. TESLA, INC. - COMPLAINT FOR, PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFCe A aAneen Nt 12 13 4 15 16 7 18 19 20 2 23 24 25 26 27 28 CARLA RODRIGUEZ Sonoma County District Attorney CAROLINE L. FOWLER, SBN 110313 Deputy District Attomey 2300 County Center Drive, Suite B-170 Santa Rosa, CA 95403, Telephone: (707) 565-3161 JEFF LAUGERO Stanislaus County District Attorney AMY NEUMANN, SBN 182192 Deputy District Attorney 832 12th Street, Suite 300 Modesto, CA 95354 ‘Telephone: (209) 525-5550 TIMOTHY B. WARD Tulare County District Attorney NADYA HANNAH, SBN 284897 Deputy District Attomey 221 S. Mooney Blvd., Room 224 Visalia, CA 93291 Telephone: (559) 636-5494 ERIK NASARENKO ‘Ventura County District Attorney Karen L. Wold, SBN 132701 Senior Deputy District Attorney 5720 Ralston Street, Suite 300 Ventura, CA 93003 Telephone: (805) 662-1706 19 PEOPLE V. TESLA, INC. - COMPLAINT FOR PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFCera ne wN 10 1 12 13 “4 15 16 7 18 19 20 a1 22 23 24 25 26 27 28 EXHIBIT A 20 PEOPLE V. TESLA, INC. - COMPLAINT FOR PERMANENT INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEFExhibit A - Tesla Covered Facilities mary Fonction [osue category ladaress Location city county lap _loate fz _|sso s01 Giiman st erkeloy [alameda 347] 2 sso 670% Amador Pata Road Dubin ames 94568] [3 _|manufocerng [48S00 Fremont avd fremont Named 3asse] ls_[5s0 [28570 Keto nd Fremont [womeda 94538] [5 Isso 5777 Spinnaker fremont Iamede 34538 5 [enersy 2200 Hathaway Ave Waywerd iameda 345A] [> Isso 389 Huss Drive [chico ute 95528] Is fevers 57 aetna ad [Mariner ona Costa | 94553] [> [energy 651 N Armstrong Ave, Site 108 Fresno reso 93727 io |ss0 2965 nur Ave [Fresno Fresno 93727] fa [580 5206 Young st Sakersfild teen 93831 sz [sso 28721 Canwood Steet Bag A [Aroura ls tos angeles [94303 3 [sso foo w ain st [abarbra ios Angetes | 9180 1a |Enersy [3022 Kenweod st Burbank los Angeles | 94505 as [sso [01 sow son Fernando Boulevard Burbank tos Angeies | 91502 6 |Eoersy 21040 Nordhof Steet [chetsworh losArgeies [9431 a7 [enecsy aes w. 1450 street awthome tos Angetes | 90250 | is [ss0 1800. Spring st Long Beach los Angeles [90755 i as__[sso 5840 W Cantinea Avenue [os Angles es Argeies [90045 i 20 [380 1168 Santa Monica Boulevard tos Angeles ios Angeles | s0025 i a [sso 1300 Colorado Ave [Sante Monica tos Angeles | 90a] | [sso 14006 ivrsce De. Space 78 [sherman Gaks ios Angeles | 92423 I za [880 0.257% St Forrance los Angeles 190505] i pa [580 [3525 W arson st. Space 429 Hrorance Los Angeles | 90503] 2s [sso e819-682: Hayrennust Ave Wan Ry los Angeles 93406] T 26|ss0 529 Vayvenhurst ve Wvernuys tos Angeles | 92406 1 a7 [sso 5889 Valey Ba [want tos Angeies | 92709] 7 25 [sso 1932 € Garvey Aves [West Covina los Angeles [91731 i 25 [sso 20% Caso Sueno Or [corte Madera [Marin 34925] | 30 [sso as Ou aos Street #460 [san Rafael arin 34901) I i [sso 190% Del Monte Boulevard seaside Monterey | 93955] t [sso ESRCCIIETS [Aliso Vie [orange 52656 t 5 _|ss0 6692 Avto Center Ore Buena Park [ororee 90621] i 34 [sso 3020 Pullman Street [costa ness [orange 32626 r 35 [enw 202 Alton Pkwy nine orange 32605 H se _[ss0 2804 borranca Py nine lororae 92606] i a |ss0 5471 avec ewan DF Lake Foran orange 52630 1 se _[ss0 26361 Via De Anza [Sen uzn Ca loronge 32675 1 ss [sso 5240 South stangard Ave [sant Ara Jorange 32705 1 [ao [ss i04 Taker Rockin Placer 95765 1 lax__[ss0 4362 Granite Dr Rockin Placer 9567 I faa [ss esoso Perez Rood Icatvedraicny _|niverside | 92234] ls3_ [ener 1755 lowe Avenue, Bulg 6 versie versde | 92507 i lea Iss 7320 Lindbergh Drive Riverside riverside | 92508] : las [550 e3191 rancho Way [Temecua niverside | 92550] 1 Iss |enery 2709 academy Way, Se. 300 [sseramento sacramento | 95835] I lar |ss0 2535 arden Way sacramento sacramento [95825 T lee [350 e470 Belvedere Ave Sate 6 [sacramento Sacramento [95824 i las leery 19680 cjon nid [san Sernarcing [san aernardino | 92407| i [so |ss0 oie E2005 st uptend san Bernersino [9178 1 si lene 499 Phantom Wart Sue [verona gan Bemarcino [32354 i [s2_[sso 3248 Lonshead Avenue [corsbac Kaniego [zoo [53 —_[enersy 225 Wereury Court [san Diego san biego [32131 sa [580 5600 Kearny Mess Rood san Diego San ieeo [9711 ss [sso p250 Trade Place san Diego saniego [32126 56 [enemy 7370 Oak Ridge Way, SuteA Vista San diego [32081] ‘tie Ato Comps or Permanent inincton Cl Peres and Other ata et | TnPeple Teen age 2of2Exhibit A - Tesla Covered Facilities [Primary Function Goare category cress Location lay county 2p [pate 57 [580 399 Van Ness Avenue san Fancice [sen raniaco [94309 se [sso 500 ost Louse Avenue lathrop san Jeaqun [95330 so [ener a0 arch port Road stockton san Joaquin [95235 co |ss0 5131 Auto Center Gcle stockton sanJeaqun | 95212 sa [ss0 50 edvarcect Buringame sen Mateo [9030 2 |ss0 1500 colin Ave cola san Mateo [94014 es [every 201 Foster Cy soueard Foster Cy san Mateo] 94004 e550, 400 Fitchcock Way Santa arbara [sorta bareara [905 es [energy 1235 W oeCoy in Sune santa Maia santa Barbara [33455 e655 00 autorall Or sirey arte Clara [35020 er [550 190 El cemino Real Pao Ao santa Cara [94306 ee [550 460 Mabry Road san ose santa cara [35133 cs _[ss0 [2201 Nonthwestern Parkway sant cra santa era | 9505 70 [580 50 i camino Real sunny [santa cara [92007 7 _[ss0, 680 Canine Real Sunnyvale santa Cara [39087 fa [550 1003 Admiral Callaghan tn valjo Solano 34591 3 [energy 1362 McDowell hd. Petskins Isonema 3496q [550 286 Airway rive Santa Rosa sonora 35403 75 [energy [900 W. Hurley Orve Suite 305 Nala Fare 33294 76 [550 14 Dally Dive camaro Nentura 33010 [sso 5701 Amador Para Road Dubin IWameda oases _e7a[2000 73 —lnegy fe1490 aoyee Re Fremont [womeds 34sae) 753/2019 79 —[enerey 2354 Davis Ave BE 4 eywerd [Nameds o4sas] — 65/202 20 |Energy 20839 Cabot avd ayer [ome esas] 7/20/2021 a —[enerey 1236 Steith Steet luvermore [names assaf 2/33/2023 a [energy 5206 Young test Sule A Bakerseld era 93311|_ 2/28/2019 a3 [eneray 14967 Salt eke Cy Avene industry ios angeles [94746] _5/23/2020 es ener 5375 W San Fernando Road Los Angele Los angetes [90035] ~7/31/202i a5 ss 5880 Valey Bhd Pomona los Angeles [94789] 5/34/2023 a6 550 2616 Redwood Highway [come wacera [Morin 902s) 1/33/2023 fs? [energy 128 Carlos Drive, Suite H son Rafal Marin 34903] 3/31/2020 a8 [ener ae and 26 Mark Dive son Rafat iMern 94003) 9/20/2019 so [energy 131/125/88 vnehe son Rafael iMacin 34903|_ 4/31/2039 so [ener 1520 Moffett Steet Salinas Monterey [93505] _a/au/202 Ix|sso 3140 Puman st costa masa lovrge 32626) 31/30/202 a2 —[eneray [3320 Business Pak Dive, Stes 8108-104 [Temecula Riverside] 92590] 32/35/2039 3 [energy fai. Guost na fontaro san berariao | 91761|_ 3/31/2021 ise ss0. 0851 ison Ck Rancho Cucamonga” [sen terardino [91720 21/2/2023 sss ss North Avenue Oceanside san Diego 92056) 10/31/2015 ise — [0 ro07 Frias Road san ofego sen Diego s2soa] 1/26/2022 ist [ss 5500 Keay Mesa Rd san oiego son Diego [92113] 9/30/2033 jos —[enersy 1237 Archer Sect, Ian urs Oblapo [san is Op 99403| 8/21/2019 ls9—[energy 2059 Monte Vista Avenue, Se. Wacavile Solano 95688] 2/28/202) 00 —|enecay 21 Oats Court Modest staniiaus —[953se[_a/a1/2oz0 03 [sso 424 Gel Pace loxard ventura 53030) 32/34/2024 | | | \ taht te Conga For Permanent vc, eM Paes and Other ule Re intent. Teahe Pose 212