Judge: Kenneth J. Medel, Case: 37-2022-00015487-CU-NP-CTL, Date: 2024-02-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 22, 2024

02/23/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Non-PI/PD/WD tort - Other Motion Hearing (Civil) 37-2022-00015487-CU-NP-CTL KEEP AMERICA SAFE AND BEAUTIFUL VS AMG MEDICAL INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 01/31/2024

Plaintiff Keep America Safe and Beautiful's Motion to Approve Proposition 65 Settlement is DENIED without prejudice.

This is a Prop 65 action against AMG Medical, Inc.,with respect to the 'Medpro Durable Home Sitz Bath with Tubing and Water Bag'.

Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm.

Plaintiff alleges that when used as intended, the produce exposes individuals to Diisononyl Phthalate, which is a covered chemical under the statute.

Plaintiff has settled and pursuant to Health & Safety Code 25249.7(f), submits the settlement for Court approval.

After reviewing the Memorandum of Points and Authorities, the Settlement and the Declaration, the Court determines that plaintiff has not met its burden under H&S Code 25249(f)(5). Specifically, the Court determines that the proposed warning is not 'clear and reasonable' as required under Cal. Health & Safety Code § 25249.6. The warning does not mention specific chemical covered under the code as required under 27 Cal. Code Regs. § 25601(b).

Further, insufficient support is provided for the Court to make the required findings under H&S Code 25249.7(b)(2) regarding the $500 penalty. Specifically, the Court lacks support regarding the 'severity' of the violation.

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