Circle K Prosecutors Given More Time to Present Evidence

A Superior Court judge on Tuesday delayed his decision on a request for a restraining order against Circle K Convenience Stores to allow prosecutors time to present evidence of more recent health code violations than are alleged in a lawsuit.

Deputy Dist. Atty. Wendy Brough filed the lawsuit in early August, claiming that the Phoenix-based corporation had persistently violated food preparation and storage rules at 25 of its Orange County stores.

The lawsuit, which seeks a $400,000 fine and the shutting down of some stores, alleges that some Circle K store operators repeatedly ignored citations from the county Health Care Agency and failed to correct other Health and Safety Code violations.

But Central Superior Court Judge W. F. Rylaarsdam said that the hundreds of health code violations alleged by Brough occurred in 1986 and 1987. He scheduled a hearing for Sept. 29, at which time Brough must present proof of more recent violations before Rylaarsdam will consider granting a temporary restraining order to shut some of the stores.

Janet Jackim, Circle K’s corporate attorney, said many of the citations were unwarranted and that the company has corrected violations through an inspection program at each store in the county.

The attorney also said that the company would present evidence at the hearing that some of the violations cited by Brough do not affect the health or safety of employees or store patrons.

Brough said she would have no problem meeting the judge’s request.

“We’re going to be presenting plenty of evidence at the Sept. 29 hearing,” she said.

Brough also disputed claims by Circle K officials that the company is being targeted unfairly by the district attorney’s office.

“We don’t consider this singling out,” Brough said. “The public needs protection, and we will go after anybody who is violation of the health codes.”