Judge: Armen Tamzarian, Case: 20STCV43207, Date: 2022-10-27 Tentative Ruling

Please notify Department 52 via email at smcdept52@lacourt.org and indicate that the parties are submitting on the tentative ruling. Please provide the attorney's name and represented party. Please notify the opposing side via email if submitting on the Court's tentative ruling.

Case Number: 20STCV43207    Hearing Date: October 27, 2022    Dept: 52

No. 16 Consumer Advocacy Group, Inc. v. Green Farm Market 20STCV43207 10/27/22

What’s on

calendar? 1. CMC 2. Motion for Judicial Approval of Consent Judgment 3. OSC Re: Dismissal (Settlement) 4. OSC Re: Sanctions for Failure to Appear 5. OSC Re: Sanctions for Failure to Prepare and Circulate Settlement Documents

Notice: OK

Tentative: Continue, $500 in sanctions against plaintiff and counsel

11/10/2020: Plaintiff Consumer Advocacy Group, Inc. filed a complaint against defendant Green Farm Market, a business entity form unknown, for violation of Proposition 65.

1/11/21: Defendant/cross-complainant Green Farm Market filed a cross-complaint against cross-defendants BC Food LA, LLC doing business as B&C Food Co. for indemnity.

Plaintiff alleges defendant is a retailer of dried seaweed that contains lead, cadmium, and arsenic. Defendant does not provide a warning as required under Prop 65.

Green Farm Market alleges BC Food imports and distributes the dried seaweed to retailers. Green Farm Market alleges BC Food must indemnify it because it is responsible for any failure to warn.

Summary

No motion has been filed. On October 7, 2022, the court set this hearing sua sponte and continued the orders to show cause.

Tentative Ruling:

Motion for Judicial Approval of Consent Judgment; Order to Show Cause Re: Dismissal (Settlement); Order to Show Cause Re: Sanctions for Failure to Appear; Order to Show Cause Re: Sanctions for Failure to Prepare and Circulate Settlement Documents

On October 7, 2022, the court set this hearing on motion for judicial approval of consent judgment. The court also continued the order to show cause re: why plaintiff and plaintiff's counsel should not be sanctioned up to and including $500 for failure to appear on September 16, 2022; order to show cause re: why plaintiff and plaintiff's counsel should not be sanctioned up to and including $500 for failure to prepare and circulate settlement documents; order to show cause re: dismissal (settlement); and case management conference to this date.

Plaintiff has not filed any papers since October 7. The court finds it appropriate to issue sanctions of $250 for plaintiff’s failure to appear on September 16, 2022, and sanctions of $250 for plaintiff’s failure to prepare and circulate settlement.

The court hereby imposes $500 in sanctions against plaintiff Consumer Advocacy Group, Inc. and its counsel, Reuben Yeroushalmi of Yeroushalmi & Associates, jointly and severally. Plaintiff and plaintiff’s counsel are ordered to pay $500 in sanctions to the court within 20 days.

The order to show cause re: dismissal (settlement) and hearing on motion for judicial approval of consent judgment are hereby continued to November 30, 2022, at 8:30 a.m