Case Number: BC523095    Hearing Date: September 04, 2014    Dept: 46

Case Number: BC523095
ISABEL NOVAK VS TARGET CORPORATION
Filing Date: 10/01/2013
Case Type: Contractual Fraud (General Jurisdiction)

09/04/2014 OSC RE Dismissal after Settlement; and, Motion to Approve Settlement

TENTATIVE RULING: Motion to Approve Proposition 65 Settlement and Consent Judgment IS GRANTED per H&S Code § 25249.7(f) and CCP § 664.6. See discussion below. The proposed consent judgment is approved; the clerk is directed to enter same. Plaintiff to give notice of entry of judgment. OSC regarding dismissal after settlement is ordered off calendar.
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This tentative ruling is posted at 1:15 p.m. on 9-02-2014 and the matter is set for hearing on 9-04-2014 at 8:30 a.m.

If there are no parties other than Plaintiff/Petitioner, then Plaintiff/Petitioner may submit to the tentative without appearance by telephonic notification to the clerk of Dept. 46 between 8:00 a.m. and 4:30 p.m. on a date prior to the hearing or morning prior to the hearing by calling (213) 974-5665, and the court will issue the tentative ruling as the final ruling. If the other parties have appeared in the action, then the parties must first confer and all agree that the tentative ruling will be the final ruling on the matter. If the parties to the matter before the court all agree, a representative of the parties may call the clerk and submit without an appearance, and the court will issue the tentative ruling as the final ruling. If an order is required, it should be lodged directly in Dept. 46 with a copy to adverse/other parties, if any.

On 10/1/13, Isabel Novak [“P”] filed her complaint for Violations of Health & Safety Code §§ 25249.6 et seq. against Target Corporation (hereinafter, “Target”) and DOES 1-100. On 12/3/13, D Target answered the complaint. On 5/16/14, P filed an “Amendment to Complaint,” wherein “IQ Accessories, Inc.” (hereinafter, “IQ”) was named in lieu of DOE 1. On 6/24/14, P filed a conditional “Notice of Settlement of Entire Case.” On 6/30/14, P filed an “Affidavit of Compliance With Title 11 Cal. Code Regs. § 3000 et seq.”

Plaintiff contends that D Target knowingly exposed CA citizens to Proposition 65-listed chemicals (specifically, lead) via its ceramic “Pickles” condiment bowl (SKY 8-72197-62903-2) with exterior decorations (hereinafter, the “Products”) without providing clear and reasonable warnings of such to the exposed persons prior to exposure.

This is Plaintiff’s motion per H&S Code § 25249.7(f) and CCP § 664.6, for an order approving the settlement of the instant Proposition 65 action and entering the proposed Consent Judgment.

Before filing suit, she served D Target and various public enforcement agencies on 7/27/13 with a 60-Day Notice of Violation of the alleged Proposition 65 violations. On 10/1/13, P filed the complaint in this case. On 2/26/14, P provided a supplemental 60-Day Notice of Violation, along with a Certificate of Merit, to Target and IQ and various public enforcement agencies. P has provided a copy of the Consent Judgment and this motion to the Office of the Attorney General at least 45 days before this hearing.

The consent judgment, inter alia, provides that, after the effective date, Defendant IQ shall not sell or offer for sale in Calfornia any Products that yield more than 1.0 micrograms of lead using EPA Test Method 3050(b) based on a wipe sample collected using NIOSH Method 9100 as applied specifically to a 100 square centimeter area of the Product that contains the majority of the Exterior Decorations. If any of the Products does not meet the reformulation standard, then each unit not meeting said reformulation shall be accompanied by the following specific warning with the capitalized, emboldened and italicized wording:

“WARNING: This product contains chemicals, including lead,
known to the State of California to cause cancer, birth defects
and other reproductive harm.”

Furthermore, each unit shall carry said warning directly on each unit or its label or package, near the product name, price, or UPC code, in a sufficiently conspicuous manner reasonably calculated to be seen by the ordinary consumer. D IQ has also agreed to pay a $3,000 civil penalty, with 75% of same paid to the State of CA Office of Environmental Health Hazard Assessment and the remaining 25% paid to P.

Additionally P has also agreed to accept $17,000 from Defendant IQ as resolution of its attorney’s fees and costs. P has produced evidence showing that the attorney’s fees are reasonable, via the Declaration of Lucas Novak.

As such the consent judgment and settlement are approved and judgment shall be entered accordingly.

IT IS SO ORDERED:

Frederick C. Shaller, Judge