Judge: Jon R. Takasugi, Case: 24STCV00104, Date: 2024-08-08 Tentative Ruling

Case Number: 24STCV00104    Hearing Date: August 8, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to approve the entry of the Consent Judgment is GRANTED.          

            On 1/3/2024, Plaintiff APS&EE, LLC (Plaintiff) filed suit against French Bull, LLC and Kim’s Home Center, Inc, alleging a violation of Proposition 65.

Plaintiff now submits the parties’ Consent Judgment to this Court for approval. 

Legal Standard

Pursuant to Proposition 65, any business that exposes individuals to chemicals known to the State of California to cause cancer or reproductive harm must provide those individuals with a clear and reasonable warning. (Health & Saf. Code § 25249.6.)

Private individuals may sue to enforce Proposition 65 if they give the requisite 60-day notice of intent to sue to the public prosecutors and to the potential defendants. (Health & Saf. Code § 25249.7(d); see also Center for Self-Improvement & Community Development v. Lennar Corp. (2009) 173 Cal.App.4th 1543, 1556 (explaining that Proposition 65 “grants authority to ‘any person’ to sue in the public interest” so long as the statute’ “procedural prerequisites” are satisfied).) Health & Safety Code section 25249.7(f)(4) provides:

If there is a settlement of an action brought by a person in the public interest under subdivision (d), the plaintiff shall submit the settlement, other than a voluntary dismissal in which no consideration is received from the defendant, to the court for approval upon noticed motion, and the court may approve the settlement only if the court makes all of the following findings:

(A) Any warning that is required by the settlement complies with this chapter.

(B) Any award of attorney’s fees is reasonable under California law.

(C) Any penalty amount is reasonable based on the criteria set forth in paragraph (2) of subdivision (b).

Discussion

            After review of the consent judgment, the Court concludes that the injunctive relief provided for, the penalties levied, and the attorney fees provided for are fair and reasonable. The Court approves Plaintiff’s motion.

It is so ordered.

Dated:  August    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.