Case Number: BC705316 Hearing Date: July 23, 2018 Dept: 32

ECOLOGICAL ALLIANCE, LLC,

Plaintiff,

v.

RUBINETTERIE BRESCAINE BONOMI,

Defendant.

Case No.: BC705316

Hearing Date: July 23, 2018

[TENTATIVE] order RE:

MOTION TO APPROVE STIPULATED CONSENT JUDGMENT.

Plaintiff Ecological Alliance, LLC (“Plaintiff”) requests that the Court approve the proposed Stipulated Settlement between the parties pursuant to Proposition 65 and Health & Safety Code § 25249.7. Health & Safety Code § 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).

The products covered by the Consent Judgment (“Covered Products”) are brass valves that contain lead, a Proposition 65-listed chemical, manufactured or distributed by Defendant Rubinetterie Bresciane Bonomi S.P.A. (“Defendant”).

The Consent Judgment requires Defendant will (1) either reformulate the Covered Products so they do not exceed greater than 300 parts per million lead or provide warnings as set forth in Paragraph 3.2 of the Consent Judgment; (2) pay $7,000 in civil penalties; (3) pay $25,000 in attorney’s fees and costs. In exchange, Plaintiff will release all claims under Proposition 65 or any related actions.

The products that are not reformulated will bear a label stating: “WARNING: This produce can expose you to chemicals including lead, which is known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.” (Paragraph 3.2 of the Consent Judgment.) The Court finds that the proposed warning is “clear and reasonable” because it uses the language required by 27 Cal. Code Regs. § 25601.

Defendant agrees to pay a civil penalty of $7,000, with 75% of the penalty paid to the State of California’s Office of Environmental Health Hazard Assessment, and the remaining 25% to Plaintiff. (Health and Safety Code §25249.12(c); 4.1 Consent Judgment) Plaintiff submits evidence of its attorneys’ fees calculation. (See Decl. Dubey ¶¶6-7.) The Court finds that these amounts are reasonable and appropriate under the statute. (11 CCR §3201(a).)

Based on the foregoing, the motion is GRANTED.