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JOYCE E. DUDLEY
District Attorney, Santa Barbara County
LEE CARTER (SBN 119285)
Senior Deputy District Attorney
H 12 Santa Barbara Street
Santa Barbara, California 93101
(805) 568-2300
Atto�"net's fol" Platntaff
The People of the State of California
ELECTRONICALLY FILED
Superior Court of California
County of Santa Barbara
Darrel E. Parker, Executive Officer
10/18/2019 3:00 PM
By: Terri Chavez, Deputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA BARBARA
ANACAPA DIVISION
THE PEOPLE OF THE STATE OF Case No.: 19CV05413
CALIFORNIA, STIPULATION FOR ENTRY OF
Plaintiff, JUDGMENT
v.
TONY TSUNGCHENG HUANG; ST
MANAGEMENT GROUP, LLC.; G25
VENTURES, LLC; AND DOES 1 TO 10,
Defendants.
[concurrently tiled with the STIPULATION
FOR ENTRY OF FINAL JUDGMENT]
Plaintiff, THE PEOPLE OF THE STATE OF CALIFORNIA ("People"), appearing its attorneys, JOYCE E. DUDLEY, District Attorney of the County through
of Santa Barbara,
by Lee Carter, Senior Deputy District Attorney, Defendant, TONY TSUNGCHENG HUANG, appearing through his attorney, ROBERT SANGER, Defendant ST MANAGEMENT GROUP, LLC., appearing through its attorney ROBERT SANGER, Defendant G25 VENTURES, LLC, appearing through its att
orney ANDY KONG, (collectively "Defendants hereby enter into this Stipulation for Envy of Final Judgment (the "Stipulation") as follows:
1. The People and the DefeI I
dants (collectively, the "Parties") have stipulated and consented to the entry of the Final Judgment by Stipulation, attached hereto as Exhibit 1 and Stipulation for
Entry of judgment � Page I of 3
1 I I filed concurrently with this Stipulation, prior to the taking of proof, without trial or adjudication 2 of any issues of law or I.L.faand without the Final Judgment by Stipulation constituting evidence 3 or an admission of liability or wrongdoing by any party. 4 I 2. This Court has jurisdiction over the subject matter of the Complaint and the 5 I I Parties.
6 I I 3. The Parties, and each of them, waive the right to appeal, to attempt to set aside or 7 vacate, or otherwise to aitack, directly or collaterally, the Final Judgment by Stipulation. 8 4. The Parties stipulate that this Stipulation may be signed by all the Parties by 9 signature in counterpart.
10 I' S. This Stipulation may be executed in one or more counterparts, all of which taken 11 I I together shall constitute one instrument. Executed copies of this Agreement sent via facsimile or 12 e-mail are valid and binding and shall have the same force and effect for all purposes as the 13 original.
14 I I 6. A signature on a facsimile of this Stipulation shall Have the same force and effect -15 11
as an inked original.
16 7. The Parties stipulate that the Final .lodgment by Stipulation may be signed by 17 any Judge of the Superior Court of the State of California, County of Santa Barbara, and entered 18 by the Clerk without notice, provided that this Stipulation has been executed by counsel and 19 Defendant below.
20 Dated:
�b 1 ' 52019
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23 Dated: 10/15 , 2019
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27 EV
Tony
District Attorney
Huang
Attorney for Defendant Tony Huang
Stipulation for Envy of Judgment I Page 2 of 3
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Dated: 10/15 , 2019
Dated: C� T % 52019
Dated: 10/15 , 2019
Dated;
2019
ST MANAGEMENT GROUP, LLC
Def6 it
Sanger � v
y for Defendant ST
GE i NT GROUP, LLC
G25 VENTURES, LLC
Defendant
Andy Kong
Attorney for Defendant G25 VENTURES,
LLC
Stipulation for Bntiy of Judgment I Page 3 of 3
1 Dated:
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. Dafed!
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Defendant,
RoberE. Sauger
Attorney for Defendaiit'ST
M MAGEMENT GROUP, LLC
G2 -S VENTURES, L,LC___
Defendant
Stipulation for Entry oiJudgment � Page 3 of 3
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28 Pursuant to CRC 2.259 this document has been electronically filed by the Superior Court of California, County of Santa Barbara, on 10/18/2019 JOYCE DUDLEY.
DISTRICT ATTORNEY
BY: Lee R. Carter
Senior Deputy District Attorney
1112 Santa Barbara Street
Santa Barbara, CA 93101
Telephone: (805) 568-2300
State Bar #119285
Attorneys for Plaintiff
FILED
SUPERIOR COURT of CALIFORNIA
COUNTY of SANTA BARBARA
10/21/2019
Darrel E. Parker, Executive Officer
gY Chavez, Terri
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA
ANACAPA DIVISON
THE PEOPLE OF THE STATE OF CALIFORNIA,
Plaintiff,
vs.
TWO (2) CUMMINS COMMERCIAL
GENERATORS, ONE CRAFTSMAN PORTABLE
GENERATOR, THREE LARGE PROPANE
TANKS, ONE PROPANE CABINET, ONE CAT
P6000 FORKLIFT,
Defendant,
TONY TSUNGCHENG HUANG,
Interested Parties.
SBSC No. 19CV05432
STIPULATION AND ORDER
IT IS STIPULATED by and between the plaintiff, the People of the State of California, through its attorney Joyce E. Dudley, District Attorney for the County of Santa Barbara by Senior Deputy District Attorney Lee Cart
er and the Interested Party, Tony Huang as follows:
In this case, Juan Cisneros shall receive nothing. The remainder of the Defendant Property, which includes TWO (2) CUMMINS COMMERCIAL GENERATORS, ONE Stipulation and Order
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28 CRAFTSMAN PORTABLE GENERATOR, THREE LARGE PROPANE TANKS, ONE PROPANE CABINET, ONE CAT P6000 FORKLIFT, which was seized by the Santa Barbara Sheriffs Department on March 28, 2019, shall be forfeited to the State of California for distribution pursuant to Health and Safety Code section 11489.
In order to expedite the release and distribution of the assets subject to this stipulation, all parties reciprocally waive any and all rights to appeal, and fio any direct or collateral attack of this case and any orders based upon this agreement.
Dated: C, % 7 12019
e&arterSe ' strict Attorney
Dated: 1Q'/1 5___ 12019
Dated: / U7 12019
To
�d'bert Sanger `"
Attorney for Tony Huang
IT HAVING BEEN STIPULATED by and between the Plaintiff, the People of the State of California, and the Interested Party, Tony Huang, the Interested Party shall receive nothing and the remainder of the property seized by the Santa Barbara Sheriffs Department shall be forfeited to the State of California for distribution pursuant to Health and Safety Code §11489.
IT IS HEREBY ORDERED AND JUDGMENT IS ENTERED AS SET FORTH IN THE STIPULATION OF THE PARTIES.
Dated: 10/21/2019
JUDGE OF THE SUPERIOR COURT
Donna D. Geck
Stipulation and Order
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Pursuant to CRC 2.259 this document has been.electronically filed by the Superior Court of California, County of Santa Barbara, on 10/18/2019 JOYCE E. DUDLEY
District Attorney, Santa Barbara County
LEE CARTER (SBN 119285)
Senior Deputy District Attorney
1112 Santa Barbara Street
Santa Barbara, California 93101
(805) 568-2300
Attorneys for Plaintiff
The People of the State of California
FILED
SUPERIOR COURT of CALIFORNIA
COUNTY of SANTA BARBARA
io/2gcml
Darrel E. Parker, Executive Officer
gy Chavez, Terri
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA BARBARA
ANACAPA DIVISION
THE PEOPLE OF THE STATE OF
CALIFORNIA,
Plaintiff,
v.
TONY TSUNGCHENG HUANG; ST
MANAGEMENT GROUP, LLC.; G25
VENTURES, LLC.; AND DOES I TO 10,
Defendants.
Case No.: 19CV05413
ORDER: FINAL
BY STIPULATION
[concurrently filed with the STIPULATION
FOR ENTRY OF FINAL JUDGMENT]
Plaintiff, THE PEOPLE OF THE STATE OF CALIFORNIA ("People"), appearing through its attorneys, JOYCE E. DUDLEY, District Att
orney of the County of Santa Barbara,
by Lee Carter, Senior Deputy District Att
orney, Defendant, TONY TSUNGCHENG HUANG,
appearing through his attorney, ROBERT SANGER, Defendant ST MANAGEMENT GROUP, LLC., appearing through its attorney ROBERT SANGER, Defendant G25 VENTURES, LLC., appearing through its attorney ANDY KONG, (collectively "Defendants") have agreed that they desire to resolve this action and all issues raised by the Complaint without litigation.
The People and Defendants (collectively, the "Patties") have stipulated, agreed, and consented to the entry of this Final Judgment by Stipulation ("Stipulated Judgment") before the Final Judgment by Stipulation I Page 1 of 4
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28 taking of any proof, without trial or adjudication of any issue of fact or law, without any admission of liability or fault by Defendants, without the entry of this Stipulated Judgment limiting any right, claim, remedy, or defense by Defendants in any action or proceeding involving a non-party to this action, and without the right of appeal.
The Court HEREBY ORDERS, ADJUDGES, AND DECREES:
JURISDICTION
1. .This action is brought under California law, and this Court has jurisdiction over the subject matter and the Parties.
APPLICABILITY
2. The provisions of this Stipulated Judgment are applicable to Defendants, to its officers, dit•ectors, employees, agents, servants, and representatives acting within the course and scope of their agency and employment, to successors and assignees of Defendants, and to all persons, partnerships, corporations, and other entities acting for, through, or on behalf of or in conceit with Defendants with actual or constructive notice of this Stipulated Judgment.
INJUNCTION
3. Under Business and Professions Code section 17200, Defendants are 'permanently enjoined and restrained from engaging in or performing any of the following acts:
a. Selling cannabis without obtaining a retail license from the Bureau of
Cannabis Control; and
b. Selling cannabis
in Santa Barbara County without obtaining or• possessing a Transient SelIer's Permit.
MONETARY RELIEF
4. Defendants shall pay a civil penalty in the amount of $222,222.22 to Santa Barbara County District Att
orney's Office under Business and Professions Code section 17206;
5. Defendant shall reimburse the Sant
a Barbara Sheriff's Office for their costs of
investigation incurred in this action in the amount of $27,777.78;
6. Payment shall be by cashier's check, certified check, or attorney trust account check, made payable to the entity identified above, and Plaintiff's counsel shall deliver the Final Judgment by Stipulation I Page 2 of 4
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28 check to that payee. A satisfaction of monetary penalties and damages will be filed upon payment of the civil penalty acid payment of the Investigative Costs. The payments shall be made as follows: $13,888.89 per month commencing December 16, 2019, the first two payments shall be made to the Santa Barbara Sheriff's Office and the remaining 16 payments shall be made to the Santa Barbara District Attorney's Office; those payments shall be delivered to the addresses listed immediately below.
Santa Barbara Sheriff's Office
Attention: Business Office
4434 Calle Real
Santa Barbara, CA 93110
Santa Barbara County District Attorney's Office
Attention: Nicole Lee -Rodriguez
1112 Santa Barbara Street
Santa Barbara, California 93101
RI';TENTION OF JURISDICTION .AND FINALITY
7. This Court retains jurisdiction for purposes of enabling any patty to this Stipulated Judgment to apply to the Court at any time for such further orders and directions as
may be deemed necessary and appropriate for the construction or carrying out of the injunctive provisions of this Stipulated Judgment, for the modification or termination of any of its unctive provisions, and for the enforcement of, compliance with, and punishment of violations of the Stipulated Judgment.
$. This Stipulated Judgment is a final and binding resolution and settlement of all violations and causes of action alleged by the People in the Complaint, and only for the time period alleged in the complaint. This Stipulated Judgment specifically excludes, without limitation, any unknown violation and any violation that occurs after the filing of this Stipulated Judgment
9. Except as expressly provided in this Stipulated Judgment, nothing in this Stipulated Judgment is intended, nor shall it be construed, to preclude the People, or any state, county, city or local agency, department, or board, from exercising its authority under any law, statute or regulation.
Final Judgment by Stipulation I Page 3 of 4
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10. The failure of the People to enforce any provision of this Stipulated Judgment shall neither be deemed a waiver of such provision nor in any way affect the validity of this Stipulated Judgment. The failure of the People to enforce any such provision shall not preclude them from later enforcing the same or any other provision of this Stipulated Judgment. Except as expressly provided in this Stipulated Judgment, Defendants retain all defenses allowed by law to any such later enforcement.
11. Nothing in this Stipulated Judgment shall excuse Defendants from meeting any more -stringent requirement that may be imposed by applicable existing law or by any change in the applicable law. To tl�e extent any future statutory or regulatory change makes Defendants' obligations less stringent than those provided for in this Stipulated Judgment, Defendants' compliance with the changed law shall be deemed compliance with this Stipulated Judgment; however, any change in law or regulation shall not reduce or diminish Defendants' obligations to comply with affirmative injunctive provisions established in Paragraph 3,
12. The Clerk shall immediately enter this Stipulafied Judgment.
13. This Stipulated Judgment shall become effective upon entry, and Notice of Eirtty of Judgment is waived.
IT IS SO ORDERED.
Judge of the Superior Court
Pauline Maxwell
Final Judgment by Stipulation � Page 4 of 4