2017-00210019-CU-TT

Center for Adv. Public Awareness, Inc. vs. Septem Coma, Inc.

Nature of Proceeding: Motion to Approve Proposition 65 Settlement and Entry of Consent

Filed By: Maclear, Matthew C.

Plaintiff Center for Advanced Public Awareness, Inc.’s (“Plaintiff”) motion to approve Proposition 65 settlement and for entry of consent judgment is UNOPPSED and is GRANTED.

The notice of motion does not provide notice of the Court’s tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify defendants’ counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event defendants’ counsel appears without following the procedures set forth in Local Rule 1.06(B).

Plaintiff’s Complaint pursuant to Proposition 65 alleges defendant Septem Coma Inc., d.b.a. South Sacramento Care Center (“Defendant”) marketed and sold marijuana, but

failed to provide the requisite Prop. 65 warning to consumers.

The parties have executed a settlement agreement, which requires Defendant to post Prop. 65 warnings and pay a civil penalty of $16,000 (75% of which is to be paid to the State Office of Environmental Health Hazard Assessment and 25% to be paid to Plaintiff). Pursuant to Health and Safety Code section 25249.7(f)(4), the Court makes the requisite finding and finds the warning complies with Prop. 65 and the civil penalty amount to be reasonable.

The parties further stipulated to the payment of $21,621.73 as reasonable attorneys’ fees to Plaintiff’s counsel for investigating, litigating, and negotiating a settlement. The Court finds this sum to be reasonable as required by section 25249.7(f)(4).

The Court will sign the submitted consent judgment.