EXHIBIT(S) - F (Motion #008) - EBT Testimony of Davies- Johnson December 05, 2022 (2024)

EXHIBIT(S) - F (Motion #008) - EBT Testimony of Davies- Johnson December 05, 2022 (1)

EXHIBIT(S) - F (Motion #008) - EBT Testimony of Davies- Johnson December 05, 2022 (2)

  • EXHIBIT(S) - F (Motion #008) - EBT Testimony of Davies- Johnson December 05, 2022 (3)
  • EXHIBIT(S) - F (Motion #008) - EBT Testimony of Davies- Johnson December 05, 2022 (4)
  • EXHIBIT(S) - F (Motion #008) - EBT Testimony of Davies- Johnson December 05, 2022 (5)
  • EXHIBIT(S) - F (Motion #008) - EBT Testimony of Davies- Johnson December 05, 2022 (6)
  • EXHIBIT(S) - F (Motion #008) - EBT Testimony of Davies- Johnson December 05, 2022 (7)
  • EXHIBIT(S) - F (Motion #008) - EBT Testimony of Davies- Johnson December 05, 2022 (8)
  • EXHIBIT(S) - F (Motion #008) - EBT Testimony of Davies- Johnson December 05, 2022 (9)
  • EXHIBIT(S) - F (Motion #008) - EBT Testimony of Davies- Johnson December 05, 2022 (10)
 

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FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 1 November 30, 2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ------------------------------------------X MOON S. HAN AND PETER J. HAN, PLAINTIFFS, -against- Index No.: 033430/2018 JUAN N. LOPEZ-DELACRUZ, BEVAPER TRUCKING SVS, LATIFA DAVIES-JOHNSON, JAMAL F. TRUSTY, KENDRICK MALDONADO, WILSON O. VELASQUEZ, PESTECH EXTERMINATING, KEVIN WOODS, DL PETERSON TRUST, EMILY J. FEIGELMAN, GARY S. FEIGELMAN, DAVID MCCALISTER, ARI FLEET LT TECH CORP., PETER CARLAFTES, DOMINGO F. STERN and DEBORAH W. BUZAID, DEFENDANTS. ------------------------------------------X DATE: November 30, 2021 TIME: 11:12 A.M. VIDEOCONFERENCE EXAMINATION BEFORE TRIAL of the Defendant, LATIFA DAVIS, s/h/a LATIFA DAVIES-JOHNSON, taken by the respective parties, pursuant to a Court Order, held at the above date and time, before Monica K. Ward, a Notary Public of the State of New York. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 2 November 30, 2021 1 2 A P P E A R A N C E S: 3 4 ANDREW PARK, P.C. 5 Attorneys for the Plaintiffs 6 MOON S. HAN AND PETER J. HAN 450 Seventh Avenue, Suite 1805 7 New York, New York 10123 BY: BYUNGKEUN CHOI, ESQ. 8 E-mail: BC@ANREWPARKPC.COM 9 SMITH MAZURE DIRECTOR WILKINS 10 YOUNG & YAGERMAN, P.C. Attorneys for the Defendants 11 JUAN N. LOPEZ-DELACRUZ and BEVAPER TRUCKING SERVICES s/h/a 12 BEVAPER TRUCKING SVS 111 John Street 13 New York, New York 10038 BY: HOWARD FISHMAN, ESQ. 14 E-mail: HFISHMAN@SMITHMAZURE.COM 15 PILLINGER MILLER TARALLO, LLP 16 Attorneys for the Defendants LATIFA DAVIES-JOHNSON and JAMAL F. TRUSTY 17 570 Taxter Road, Suite 275 Elmsford, New York 10523 18 BY: KENNETH A. FINDER, ESQ. E-mail: KFINDER@PMTLAWFIRM.COM 19 20 LAW OFFICES OF BRYAN M. KULAK, ESQ. Attorneys for the Defendant 21 KENDRICK MALDONADO 90 Crystal Run Road 22 Middletown, New York 10941 BY: JULIO DeBELLIS, ESQ. 23 E-mail: JDEBELLIS@GEICO.COM 24 25 (Appearances continued on next page.) DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 3 November 30, 2021 1 A P P E A R A N C E S: 2 3 MILBER MAKRIS PLOUSADES & SEIDEN, LLP Attorneys for the Defendants 4 WILSON O. VELASQUEZ and PESTECH EXTERMINATING 5 1000 Woodbury Road, Suite 402 Woodbury, New York 11797 6 BY: DEBRA SALVI, ESQ. E-MAIL: DSALVI@MILBERMAKRIS.COM 7 8 CALISTRI McLAUGHLIN, LLC Attorneys for the Defendant 9 CELLCO PARTNERSHIP and KEVIN WOODS 1411 Broadway, 16th Floor 10 New York, New York 10018 BY: ANITA AJIBOYE, ESQ. 11 E-MAIL: AAJIBOYE@CM-DEFENSE.COM 12 KELLY, RODE & KELLY, LLP 13 Attorneys for the Defendants EMILY J. FEIGELMAN and GARY S. FEIGELMAN 14 330 Old Country Road, Suite 305 Mineola, New York 11501 15 BY: DEBRA RUDERMAN, ESQ. E-MAIL: DERUDERMAN@KRKLAW.COM 16 FILE #: LZ/PLB 154111-740 17 GORDON, REES, SCULLY & MANSUKHANI, LLP 18 Attorneys for the Defendants DAVID MCCALISTER and PRATT and WHITNEY 19 DIVISION OF RAYTHEON TECHNOLOGIES CORP. F/k/a PRATT and WHITNEY DIVISION OF 20 UNITED TECHNOLOGIES CORP. One Battery Park Plaza, 28th Floor 21 New York, New York 10004 BY: SULEMAN MALIK, ESQ. 22 E-MAIL: SMALIK@GRSM.COM 23 24 (Appearances continued on next page.) 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 4 November 30, 2021 1 A P P E A R A N C E S: 2 3 O'CONNOR, McGUINESS, CONTE, DOYLE, OLESON, WATSON & LOFTUS, LLP 4 Attorneys for the Defendant PETER CARLAFTES 5 One Barker Avenue White Plains, New York 10601 6 BY: CHARLES SMITH, ESQ. E-MAIL: CSMITH@OMCDOC.COM 7 8 LAW OFFICE OF THOMAS K. MOORE, ESQ. 9 Attorneys for the Defendant DOMINGO STERN 10 P.O. BOX 2903 Hartford, Connecticut 06104 11 BY: CATHRYN BOERA, ESQ. E-MAIL: COEARA@TRAVELERS.COM 12 13 SCAHILL LAW GROUP, P.C. 14 Attorneys for the Defendant DEBORAH W. BUZAID 15 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 16 BY: RAJENDRA PERSAUD, ESQ. E-MAIL: RPERSAUD@SCAHILLPC.COM 17 18 THE BARNES FIRM 19 Attorneys for the Plaintiff LATIFA DAVIES-JOHNSON 20 420 Lexington Avenue, Suite 2140 New York, New York 10170 21 BY: ERICA TANNENBAUM, ESQ. E-MAIL: 22 ERICA.TANNENBAUM@THEBARNESFIRM.COM 23 24 (Appearances continued on next page.) 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 5 November 30, 2021 1 2 A P P E A R A N C E S: 3 4 ALAN B. BRILL & ASSOCIATES, LLC Attorneys for the Defendant 5 MOON S. HAN 20 Squadron Boulevard, Suite 540 6 New City, New York 10956 BY: BIANCA BAEZ, ESQ. 7 E-MAIL: ABRILL400@AOL.COM 8 9 CUOMO, LLC Attorneys for the Defendants 10 LATIFA DAVIES-JOHNSON, JAMAL F. TRUSTY 200 Old Country Road, Suite 2 South 11 Mineola, New York 11501 BY: REID GOODMAN, ESQ. 12 E-MAIL: RGOODMAN@CUOMOLLC.COM 13 14 15 16 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 6 November 30, 2021 1 STIPULATIONS 2 3 IT IS HEREBY STIPULATED AND 4 AGREED by and between (among) counsel for 5 the respective parties hereto, that: 6 7 All rights provided by the 8 C.P.L.R., including the right to object to 9 any question, except as to form, or to move 10 to strike any testimony at this (these) 11 examination(s), are reserved, and, in 12 addition, the failure to object to any 13 question or to move to strike any testimony 14 at this (these) examination(s) shall not be 15 a bar or waiver to make such motion at, and 16 is reserved for the trial of this action; 17 18 IT IS FURTHER STIPULATED AND 19 AGREED by and between (among) counsel for 20 the respective parties hereto, that this 21 (these) examination(s) may be sworn to by 22 the witness(es) being examined, before a 23 Notary Public other than the Notary Public 24 before whom this (these) examination(s) was 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 7 November 30, 2021 1 (were) begun; but the failure to do so, or 2 to return the original of this (these) 3 examination(s)to counsel, shall not be 4 deemed a waiver of the rights provided by 5 Rules 3116 and 3117 of the C.P.L.R., and 6 shall be controlled thereby; 7 8 IT IS FURTHER STIPULATED AND 9 AGREED by and between(among) counsel for 10 the respective parties hereto, that this 11 (these) examination(s) may be utilized for 12 all purposes as provided by the C.P.L.R.; 13 14 IT IS FURTHER STIPULATED AND 15 AGREED by and between (among) counsel for 16 the respective parties hereto, that the 17 filing and certification of the original of 18 this (these) examination(s) shall be and 19 the same hereby are waived; 20 21 IT IS FURTHER STIPULATED AND 22 AGREED by and between (among) counsel for 23 the respective parties hereto, that a copy 24 of the within examination(s) shall be 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 8 November 30, 2021 1 furnished to counsel representing the 2 witness(es) testifying, without charge. 3 4 IT IS FURTHER STIPULATED AND 5 AGREED by and between(among) counsel for 6 the respective parties hereto, that all 7 rights provided by the C.P.L.R., and Part 8 221 of the Uniform Rules for the Conduct of 9 Depositions, including the right to object 10 to any question, except as to form, or to 11 move to strike any testimony at this 12 examination is reserved; and in addition, 13 the failure to object to any question or to 14 move to strike any testimony at this 15 examination shall not be a bar or waiver to 16 make such motion at, and is reserved to, 17 the trial of this action. 18 19 20 * * * 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 9 November 30, 2021 1 DAVIS 2 L A T I F A D A V I S, called as a 3 witness, having been first duly sworn by a 4 Notary Public of the State of New York, was 5 examined and testified as follows: 6 EXAMINATION BY 7 MR. FISHMAN: 8 Q. Please state your name for the 9 record. 10 A. Latifa Davis, D-a-v-i-s. 11 Q. What is your address? 12 A. 17 Pierce Drive, Stony Point, 13 New York 10980. 14 Q. Good morning, Ms. Davis. My 15 name is Howard Fishman. I'm with the firm 16 of Smith Mazure. I represent two of the 17 defendants in this action. I'm going to be 18 asking you some questions today regarding 19 the lawsuit that you have brought as a 20 plaintiff, as well as, I guess, your 21 involvement in another lawsuit as a 22 defendant. 23 Before we begin, there are some 24 ground rules to cover. First, if you don't 25 understand any question that I ask or you'd DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 10 November 30, 2021 1 DAVIS 2 like me to rephrase it, please let me know. 3 And if you answer any question, I'll assume 4 that you understood the question that was 5 asked. Okay? 6 A. Okay. 7 Q. Second instruction is that all 8 your answers to my questions need to be 9 verbal, as the court reporter can't take 10 down gestures, nods of the head. She's 11 probably not even looking at the screen. 12 And so what's most important is that she 13 can only take down exactly what she hears. 14 So for clarity of the record, 15 since we're doing this via Internet and 16 sometimes there is a slight delay, please 17 let me finish my question before you begin 18 your answer, and I'll try to do the same, 19 since she can only take down one of us 20 talking clearly at any time. 21 If you need to take a break, 22 let me know, I will be happy to 23 accommodate, as long as there's not a 24 question pending. Okay? 25 A. Okay. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 11 November 30, 2021 1 DAVIS 2 Q. Ms. Davis -- just Davis, 3 Davis-Johnson, how do you... 4 A. Ms. Davis, D-A-V-I-S. 5 Q. Have you ever been deposed 6 before? 7 A. Can you repeat the question? 8 Q. Have you ever appeared for a 9 deposition before? 10 A. Paid for a deposition? 11 Q. Appeared; sat for a deposition? 12 A. No. 13 Q. What is your date of birth? 14 MS. TANNENBAUM: Just put the 15 year on the record, and she'll give 16 you the whole thing. 17 A. 1985. 18 Q. And where were you born? 19 A. Jamaica. 20 Q. Did you live in Jamaica for any 21 period of time? 22 A. Yes. 23 Q. For how long? 24 A. I'm trying to -- 28 years. 25 Q. You attended school while you DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 12 November 30, 2021 1 DAVIS 2 lived in Jamaica? 3 A. Yes. 4 Q. And for how long did you attend 5 school or what level did you reach? 6 A. Community college. 7 Q. Did you complete the course of 8 study in community college? 9 A. No. 10 Q. And approximately what year, 11 what level did you reach in college? 12 A. The second year. 13 Q. And were you employed when you 14 lived in Jamaica? 15 A. Yes. 16 Q. What type of work did you do 17 there? 18 A. Accountant. 19 Q. Did you obtain any certificates 20 or licenses in order for you to work in the 21 accounting field in Jamaica? 22 A. You do not need a license to 23 work in Jamaica. 24 Q. Were you required to take any 25 types of examinations to work in accounting DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 13 November 30, 2021 1 DAVIS 2 in Jamaica? 3 A. No. 4 Q. When you left Jamaica, did you 5 move directly to the United States? 6 A. Yes. 7 Q. Are you presently a United 8 States' citizen? 9 A. Yes. 10 Q. When did you obtain your 11 citizenship? 12 A. 2021. 13 Q. Do you have a Social Security 14 number? 15 A. Yes. 16 Q. What is that number? 17 MS. TANNENBAUM: Put the last 18 four on the record, but she'll give 19 you whole thing. 20 A. XXX-XX- 8223. 21 Q. After moving to the United 22 States, did you undergo any additional 23 education? 24 A. No. 25 Q. Were you employed when you came DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 14 November 30, 2021 1 DAVIS 2 to the United States? 3 A. Can you explain the question? 4 Q. Have you been working in the 5 United States since you arrived here? 6 A. Can you repeat? 7 Q. Since coming to the United 8 States, have you been employed? 9 A. Yes. 10 Q. And what type of work have you 11 been doing in the United States? 12 A. Customer service, cashier. 13 Q. Sorry, what was the second 14 thing you said? 15 A. Cashier. 16 Q. Are you presently employed? 17 A. Yes. 18 Q. Where are you employed? 19 A. TD Bank. 20 Q. What position do you hold with 21 them? 22 A. Can you repeat? 23 Q. What position do you presently 24 hold with TD Bank? 25 A. Credit bureau debt validation DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 15 November 30, 2021 1 DAVIS 2 specialist. 3 Q. How long have you held that 4 position? 5 A. Two years. 6 Q. Prior to that, have you held 7 any other position at TD Bank? 8 A. Yes. 9 Q. For how long have you been 10 working for TD Bank in total? 11 A. Since 2017. 12 Q. What was the first position 13 that you held with them? 14 A. Credit specialist. 15 Q. How long did you hold that 16 position? 17 A. Approximately two years. 18 Q. Did you hold any other 19 positions at TD Bank other than the credit 20 specialist and credit bureau validation 21 specialist? 22 A. No. 23 Q. Were you employed in the United 24 States prior to your employment with 25 TD Bank? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 16 November 30, 2021 1 DAVIS 2 A. Yes. 3 Q. Where else were you employed 4 prior to TD Bank? 5 A. Home Depot. 6 Q. And when were you employed by 7 Home Depot? 8 A. 2015. 9 Q. Until? 10 A. 2017. 11 Q. What did you do at Home Depot? 12 A. Cashier, customer service 13 representative, associate. 14 Q. Have you worked for anyone else 15 in the United States other than Home Depot 16 and the TD Bank? 17 A. No. 18 Q. What is your current marital 19 status? 20 A. Single. 21 Q. Do you have any children? 22 A. Yes. 23 Q. How many children? 24 A. Two. 25 Q. What are their ages? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: ROCKLAND COUNTY CLERK 12/05/2022 03:32 PM INDEX NO. 033430/2018 NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 12/05/2022 Page 17 November 30, 2021 1 DAVIS 2 A. Three and ten. 3 Q. Have you ever been married? 4 A. Yes. 5 Q. Are you currently divorced, 6 separated, or something else? 7 A. Divorced.

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23CV031203: SORUM, et al. vs ALBERTSONS COMPANIES, INC., INDIVIDUALLY, et al. 07/26/2024 Hearing on Motion for Summary Judgment filed by KOLMAR LABORATORIES, INC (Defendant) in Department 18specifications required these products to meet certain requirements, the subcontractor had someflexibility in determining what specific products to use and routinely incorporated provision ofthese products into its subcontracting bids. The Court of Appeal stated that the key issue waswhether defendant subcontractor was “in a position to enhance product safety or exert pressureon the manufacturer to promote that end, and bear the costs of compensating for injuries.” (243Cal.App.4th 249, 262.)Endicott is the case most favorable to Defendant. In Endicott, plaintiff alleged that the seatbelton his 1967 Nissan 411 broke or ruptured during a vehicle crash thereby worsening his injuries.The plaintiff sued both the car manufacturer Nissan Motor Corp. (“Nissan” or “Datsun”) and theindependent contractor (“Installer”) who installed the seatbelts into Nissan vehicles. Theseatbelts were manufactured by Nissan, were delivered to Installer in the trunks of the vehiclesinto which Installer was to install the seatbelts at locations marked by Nissan “according to[Nissan’s] directions,” and Nissan “supplied all materials for attaching the belts.” There was noevidence at trial to support a finding that Installer had reason to know the seatbelts supplied byNissan might be defective. (73 Cal.App.3d 917, 925.)In upholding a trial verdict against plaintiff, the Endicott Court of Appeal stated in relevant part:“[W]e find no evidence that Installer was an integral part of the overall marketing enterprise thatproduces Datsun automobiles or that it played any significant role in placing Datsun’s product inthe stream of commerce that could render Installer liable in tort for defects in Datsun'sautomobiles. As a mere provider of services Installer is not liable for defects in the product. Noris there anything in this record to indicate that Installer should have recognized the possibilitiesof misadventure that might arise from proximity of seat belt and metal L-bracket,” a positedcause of the seatbelt rupture. (73 Cal.App.3d at 930.)Defendant presents evidence from the deposition of its employee, Ronald Yakupcin, who workedfor Defendant throughout the period of Mr. Sorum’s alleged use of Defendant’s products. (DIOEExh. 10.) He testified that throughout the relevant period Defendant was in the business of“contract manufacturing” colored cosmetics for other cosmetics companies. He further testifiedthat:“we would take our customer's formula, manufacture that formula, fill it into their packaging andship it to where they wanted us to ship it. Or, the customer purchased our formula which wasthen filled into their packaging and shipped to their points of distribution.” (Id. at p. 266:15-25.)Mr. Yakupcin further testified that Defendant did not sell any of its products under its own labelsor brand names. He also testified that typically customers would provide Defendant with theproduct formula, the manufacturing instructions, the packaging, filling and packaginginstructions and the shipment instructions. (Id. at pp. 267:3-269:6; compare to p. 266:15-25quoted above.) SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA23CV031203: SORUM, et al. vs ALBERTSONS COMPANIES, INC., INDIVIDUALLY, et al. 07/26/2024 Hearing on Motion for Summary Judgment filed by KOLMAR LABORATORIES, INC (Defendant) in Department 18Defendant does not provide testimony from Mr. Yakupcin regarding whether customers suppliedall of the ingredients Defendant used to make the customer’s cosmetics, whether the customersspecified the specific talcs to be used in each product or if Defendant could choose amongsimilar talcs that met the customer’s specifications. Mr. Yakupcin testified that in some instancescustomers bought Defendant’s formulas, with respect to which Defendant was implicitlychoosing what talcs or other ingredients should go into the formulas. He also testified thatDefendant shipped the finished products to customers’ “points of distribution,” indicatingDefendant was in the chain of distribution for the finished products eventually reachingconsumers like Mr. Sorum. Further, unlike Endicott, where the third-party contractorINSTALLER was merely installing a single discreet part of a Nissan automobile furnished to itby Nissan, here Defendant was apparently assembling, manufacturing or blending the entire, at-issue scented cosmetic talc products. If Defendant played any role in deciding what cosmetictalcs went into any cosmetic talc formula it sold to a customer, then this case would fall underthe rule of Hernandezcueva, rather than Endicott.The Court finds that Defendant’s moving evidence does not create undisputed material factspursuant to which Defendant is entitled to summary adjudication of Plaintiffs’ Strict LiabilityCause of Action as a matter of law.Wherefore, the Court DENIES Defendant’s MSA of Plaintiffs’ First Cause of Action for StrictLiability.4. MSA of Plaintiffs’ Punitive Damages Claim.To be entitled to an award of punitive damages, a plaintiff must show by clear and convincingevidence that the defendant is guilty of malice, oppression or fraud. (Cal. Civ. Code § 3294(a).)The definition of “malice” includes “despicable conduct which is carried on by the defendantwith a willful and conscious disregard of the rights or safety of others.” (§ 3294(c).) “Despicableconduct” is conduct that is so vile, base, or contemptible that it would be looked down on anddespised by reasonable people. (See CACI 3946.)A finding of malice does not require an actual intent to cause harm. “Conscious disregard for thesafety of another may be sufficient where the defendant is aware of the probable dangerousconsequences of his or her conduct and he or she willfully fails to avoid such consequences.Malice may be proved either expressly through direct evidence or by implication throughindirect evidence from which the jury draws inferences.” (Pfiefer v. John Crane, Inc. (2013) 220Cal.App.4th 1270, 1299.)Further, a defendant’s “prolonged failure” to take adequate measures to protect people whoworked with its products against a known hazard to their health and safety may justify aconclusion that the conduct was malicious, fraudulent, or oppressive. (Bankhead v. SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 23CV031203: SORUM, et al. vs ALBERTSONS COMPANIES, INC., INDIVIDUALLY, et al. 07/26/2024 Hearing on Motion for Summary Judgment filed by KOLMAR LABORATORIES, INC (Defendant) in Department 18ArvinMeritor, Inc.) (2012) 205 Cal.App.4th 68, 86.) However, the Cal. Supreme Court has statedthat by addition of the word “despicable” to Civ. Code § 3294(c), “the statute plainly indicatesthat absent an intent to injure the plaintiff, “malice” requires more than a “willful and conscious”disregard of the plaintiffs' interests. The additional component of ‘despicable conduct’ must befound.” (College Hospital, Inc. v. Sup.Ct. (1994) 8 Cal.4th 704, 725.)A clear and convincing evidentiary standard applies to evidence presented by a plaintiff inopposition to a motion for summary adjudication of punitive damages claims. (Basich v. AllstateIns. Co. (2001) 87 Cal.App.4th 1112, 1118-1119.) However, the clear and convincingevidentiary standard “does not impose on a plaintiff the obligation to ‘prove’ a case for punitivedamages at summary [adjudication].” (Pacific Gas and Electric Co. v. Sup.Ct. (2018) 24Cal.App.5th 1150, 1158-1159.) “Summary ... adjudication ‘on the issue of punitive damages isproper’ only ‘when no reasonable jury could find the plaintiff’s evidence to be clear andconvincing proof of malice, fraud or oppression.’” (Ibid.)Further, a defendant moving for summary adjudication must still make an initial prima facieshowing that no disputed issues of material fact exist such that defendant is entitled to summaryadjudication as a matter of law in order to shift the burden of production to plaintiff to presentclear and convincing evidence of malice, oppression or fraud. (Aguilar v. Atl. Richfield Co.(2001) 25 Cal. 4th 826, 850.)Defendant seeks to meet its initial burden of production as to Plaintiffs’ punitive damages claimby pointing to Plaintiffs’ assertedly “factually devoid” responses to Defendant’s sufficientlycomprehensive written and deposition discovery. (Andrews, supra.) Here, Defendant cites to itsSROG No. 4 seeking all facts supporting Plaintiffs’ punitive damages claim. (DIOE Exh. 5.)Plaintiffs’ Response to SROG No. 4 incorporates by reference their prior Response to SROG No.3, seeking all facts supporting Plaintiffs’ claims that Defendant is liable for Plaintiffs’ injuriesand damages generally. Plaintiffs’ Response to SROG No. 3 is “factually devoid” as toPlaintiffs’ punitive damages claim because it contains no specific facts to support a punitivedamages claim. Instead, the Response states that Plaintiffs “contend” Defendant was aware ofthe asbestos-related hazards of its products but did not provide warnings. The Response alsocites to historical documents supporting a claim that Defendant should have known aboutpossible asbestos contamination of talc and the hazards of respirable asbestos, facts supporting anegligence theory, rather than stating any specific facts regarding what exactly Defendant knewat any specific time. (Ibid.)Although Defendant did not serve any SROG seeking identification of either all witnesses or alldocuments, Defendant did serve Request for Production of Documents (“RFPD”) No. 4 seekingproduction of all documents supporting Plaintiffs’ punitive damages claim. Plaintiffs’ Responseto RFPD No. 4 incorporates by reference Plaintiffs’ Response to RFPD No. 1, seekingproduction of all documents supporting Plaintiffs’ Strict Liability Cause of Action. Plaintiffs’ SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 23CV031203: SORUM, et al. vs ALBERTSONS COMPANIES, INC., INDIVIDUALLY, et al. 07/26/2024 Hearing on Motion for Summary Judgment filed by KOLMAR LABORATORIES, INC (Defendant) in Department 18Response to RFPD No. 1, instead of providing a response complying with CCP § 2031.210(a),provides a list of responsive documents, specifically, Mr. Sorum’s deposition testimonytranscript and exhibits thereto, Plaintiffs’ Responses to Joint Defense Interrogatories and Mr.Sorum’s medical and billing records. (DIOE Exh. 6.) Because none of the identified documentsis reasonably likely to contain information to support a punitive damages claim, the Court findsPlaintiffs’ Response to RFPD Nos. 1 and 4, functionally equivalent to a factually devoidresponse to an SROG seeking identification of all documents supporting Plaintiffs’ punitivedamages claim.The Court finds that Defendant has met its initial burden of production on summary adjudicationof Plaintiffs’ punitive damages claim. Because asbestos torts plaintiffs always prove theirpunitive damages claims by means of the defendant’s corporate records or the depositiontestimony of the corporate defendant’s persons most qualified (“PMQ”), officers or employees,Plaintiffs’ inability to state any specific facts in response to SROG No. 4 or to identify anyspecific documents in response to RFPD No. 4 is sufficient to create an inference that Plaintiffsdo not have and cannot reasonably obtain any evidence to support their punitive damages claim.Thus, the burden shifts to Plaintiffs to present evidence in support of their punitive damagesclaim sufficient to create triable issues of material fact under a clear and convincing evidentiarystandard.Plaintiffs present no evidence in Opposition to support Plaintiffs’ punitive damages claim.Instead, Plaintiffs request a CCP § 437c(h) continuance to complete the depositions ofdefendants Calvin Klein, Conopco and Gucci, assumably customers of Defendant.The Court DENIES Plaintiffs’ request for a CCP § 437c(h) continuance with respect toPlaintiffs’ punitive damages claim against Defendant. Plaintiff’s counsel’s declaration fails toexplain how the depositions of other defendants is reasonably calculated to lead to the discoveryof admissible evidence of Defendant’s senior executives’ malice, oppression or fraud. Plaintiffspresent no evidence that they have not had a full and fair opportunity to depose Defendant’scorporate witnesses pursuant to the express terms of the Court’s 3/12/2024 Order grantingPlaintiffs’ Motion for Trial Preference. Instead, in the unlikely event that the depositions ofCalvin Klein’s, Conopco’s or Gucci’s PMQs produces evidence that Defendant’s seniorexecutives acted with malice, oppression or fraud toward Mr. Sorum or persons similarlysituated, the Court GRANTS Plaintiffs leave to seek reconsideration of the Court’s ruling onDefendant’s MSA of the punitive damages claim based on later-discovered evidence.Wherefore, the Court GRANTS Defendant’s MSA of Plaintiffs’ punitive damages claim.The Court OVERRULES Defendant’s Opposition Objection No. 1 that Defendant’s expertmedical causation witness is not qualified to render an expert opinion regarding whether hisexposures to allegedly asbestos-contaminated talc could cause Mr. Sorum’s mesothelioma.However, the Court disallows consideration of the Burns Declaration (Defendant’s Index of SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 23CV031203: SORUM, et al. vs ALBERTSONS COMPANIES, INC., INDIVIDUALLY, et al. 07/26/2024 Hearing on Motion for Summary Judgment filed by KOLMAR LABORATORIES, INC (Defendant) in Department 18Exhibits (“DIOE”) Exh. 1) solely as to the present dispositive motion because the movingSeparate Statement does not comply with the requirements of CRC Rule 3.1350(d)(3).Specifically, Defendant’s Separate Statement does not cite to the Burns Declaration by“reference to exhibit, title, page, and line numbers.” Instead, the Burns Declaration incorporatesby reference all of her 65-page, single-spaced expert witness report with no citation to anyspecific portions that are relevant to the disposition of this motion. The Court lacks the judicialresources to review a document of this length. Further, the Court’s limited review of the Burnsexpert witness report indicates that much of the content is not directly relevant to the dispositionof this Motion, for example, recitation of Mr. Sorum’s alleged exposures to products other thantalcum powder products, Burns’ rates for deposition testimony, Mr. Sorum’s use of talcumpowder products not alleged to be attributable to Defendant, and the history of smoking in hisfamily. The Court cannot expeditiously determine whether there is an adequate foundation forexpert Burns’ opinions relevant to this Motion, specifically, whether Mr. Sorum’s allegedexposures to Defendant’s cosmetic talc products could have been a substantial factor in causinghis malignant mesothelioma. Pages 41-43 of the Burns expert report constitute three pages ofassumptions made by Defendant’s expert, but none of the actual source materials upon which shebases her assumptions are attached to the report for the Court to consider. On this basis, theCourt SUSTAINS Plaintiff’s Objection No. 1 on the grounds that the Burns Declaration is toospeculative solely with respect to the present motion.The Court OVERRULES Plaintiffs’ Objection No. 2 on the grounds of hearsay. The Court mayconsider deposition transcripts on summary judgment/adjudication. (CCP § 437c(b)(1).The Court SUSTAINS Plaintiffs’ Objection No. 3. Verified Interrogatory Responses may onlybe offered in evidence against the responding party. (CCP § 2030.410.)The Court OVERRULES Defendant’s Reply Objection Nos. 1-5.The Court reminds Defendant that paper courtesy copies of motion papers must be provided toDept. 18 pursuant to Local Rule 3.30(c) not later than the day after timely filing.CONTESTING TENTATIVE ORDERSNotify the Court and all other parties no later than 4:00 pm the day before the scheduled hearingand identify the issues you wish to argue through the following steps:1. Log into eCourt Public Portal - https://eportal.alameda.courts.ca.gov2. Case Search3. Enter the Case Number and select Search4. Select the Case Name5. Select the Tentative Rulings Tab6. Select Click to Contest this Ruling SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA23CV031203: SORUM, et al. vs ALBERTSONS COMPANIES, INC., INDIVIDUALLY, et al. 07/26/2024 Hearing on Motion for Summary Judgment filed by KOLMAR LABORATORIES, INC (Defendant) in Department 187. Enter your Name and Reason for Contesting8. Select Proceed.

Ruling

ANH L. TROUNG VS. RUBY TANG ET AL

Jul 22, 2024 |CGC23604728

Matter on the Law & Motion calendar for Monday, July 22, 2024, Line 2. 2 - DEFENDANT RUBY TANG's Motion For Sanctions And Compensation Against Taghi Astanehe, Anh L. Truong And Anh L. Troung Pursuant Ccp 128.5, 128.7 And 1033.5. Denied. The motion appears to seek sanctions against a person who is no longer a party to the case, and the person's counsel. The other motion brought by Ms. Tang today, that relating to sealing, states that the entire case was dismissed February 21, 2024. None of the grounds alleged is shown to be frivolous within the meaning of the statutes invoked, i.e., CCP sections 128.5, 128.7. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/CK)

Ruling

ORLANDO GARCIA VS WAYNE LEE, ET AL.

Jul 25, 2024 |23PSCV01547

Case Number: 23PSCV01547 Hearing Date: July 25, 2024 Dept: 6 Plaintiff Orlando Garcias Request for Entry of Default Judgment Defendants: Wayne Lee and Rayed Abdulnour TENTATIVE RULING Plaintiffs request for entry of default judgment is DENIED without prejudice. BACKGROUND This is an ADA/Unruh Civil Rights Act case. On May 22, 2023, plaintiff Orlando Garcia (Plaintiff) filed this action against defendants Wayne Lee (Wayne),[1] Rayed Abdulnour (Rayed), and Does 1 through 50, alleging one cause of action for violation of the Unruh Civil Rights Act. Default was entered against Rayed on August 10, 2023. On May 2, 2024, the Court granted Plaintiffs motion to strike Waynes answer. On May 28, 2024, default was entered against Wayne. LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a default judgment after a party has failed to timely respond or appear. (Code Civ. Proc., § 585.) A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) declaration of nonmilitary status; (6) a proposed form of judgment; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys fees if allowed by statute or by the agreement of the parties. (Cal. Rules of Court, rule 3.1800.) ANALYSIS Plaintiff seeks default judgment against Defendants in the total amount of $14,524.09, including $4,000.00 in damages, $8,600.00 in attorney fees, and $1,924.09 in costs. The Court notes a few issues with the default judgment package. First, Plaintiffs memorandum of costs includes $200.00 in investigation fees, which are not recoverable as costs. (CIV-100, ¶ 7, subd. (c); see Code Civ. Proc., § 1033.5, subd. (b)(2) [pretrial investigation costs not recoverable].) Second, the Court also notes that Plaintiff improperly included the high frequency litigation filing fees with the process server fees in the memorandum of costs. (CIV-100, ¶ 7, subd. (b); Reddy Decl., Ex. 2, p. 50.) Third, the Court finds Plaintiffs request for attorneys fees in the amount of $8,600.00 to be excessive. Plaintiff is a high frequency litigant. (Compl., ¶ 28.) All this case has involved thus far is the filing and service of the complaint, a single unopposed motion to strike, and requests for entry of default and default judgment. While the Court is not necessarily bound by the limits of the fee schedule for default judgments under Local Rule 3.214, the Court is not inclined to award the amount Plaintiff requests here. The Court will not include amounts billed for administrative work such as filing documents and will not allow for more than 1 hour for appearances for court conferences and OSC hearings. CONCLUSION Based on the foregoing, Plaintiffs request for entry of default judgment is DENIED without prejudice. [1] The complaint also originally included a defendant Frances N. Lee, but that apparently was in error, and Frances N. Lee was removed from this action on October 30, 2023.

Ruling

Warner, Sam vs. Auburn Racquet Club, Inc.

Aug 05, 2024 |S-CV-0051945

S-CV-0051945 Warner, Sam vs. Auburn Racquet Club, Inc.** NOTE: telephonic appearances are strongly encouragedAppearance required. Complaint is not at issue - Need responsive pleading,default or dismissal as to Defendant(s): Auburn Racquet Club, Inc.

Ruling

CONSUMER ADVOCACY GROUP, INC. VS MIDLAND HARDWARE COMPANY NO. 4, ET AL.

Jul 29, 2024 |21STCV02859

Case Number: 21STCV02859 Hearing Date: July 29, 2024 Dept: 53 Superior Court of California County of Los Angeles Central District Department 53 consumer advocacy group, inc. ; Plaintiff, vs. midland hardware company no. 4 , et al.; Defendants. Case No.: 21STCV02859 Hearing Date: July 29, 2024 Time: 10:00 a.m. [tentative] Order RE: plaintiffs motion to approve and enter consent judgment MOVING PARTY: Plaintiff Consumer Advocacy Group, Inc. RESPONDING PARTY: Unopposed Motion to Approve and Enter Consent Judgment The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff Consumer Advocacy Group, Inc. (Plaintiff) moves the court for an order approving and entering the [Proposed] Consent Judgment entered into between Plaintiff, on the one hand, and defendant Kittrich Corporation (Defendant), on the other hand, pursuant to Health and Safety Code section 25249.7. Actions brought under the Safe Drinking Water and Toxic Enforcement Act of 1986 (the Act) require court approval of settlements. A plaintiff is required to 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 . . . . (Health & Safety Code § 25249.7, subd. (f)(4).) [T]he court may approve the settlement only if the court makes all of the following findings: (A) The warning that is required by the settlement complies with this chapter. (B) The award of attorneys fees is reasonable under California law. (C) The penalty amount is reasonable based on the criteria set forth in paragraph (2) of subdivision (b). (Health & Safety Code, § 25249.7, subd. (f)(4).) The plaintiff seeking approval of the settlement has the burden of producing evidence sufficient to sustain each required finding. The plaintiff shall serve the motion and all supporting papers on the Attorney General, who may appear and participate in a proceeding without intervening in the case. (Health & Safety Code, § 25249.7, subd. (f)(5).) First, the court finds that Plaintiff has submitted a proof of service establishing service of the pending motion and supporting documents on the Office of the Attorney General 45 days before the hearing on this motion and therefore has complied with the service requirements. (Health & Safety Code, § 25249.7, subd. (f)(5); 11 CCR § 3003, subd. (a); June 14, 2024 Proof of Service, pp. 2-4.) As of July 24, 2024, the Office of the Attorney General did not object to or comment further on the proposed Consent Judgment, although the court does not construe the absence of this objection to be an endorsement or concurrence of the parties settlement. (July 24, 2024 Yeroushalmi Decl., ¶ 7; 11 CCR § 3003, subd. (a).) Second, the court finds that Plaintiff has shown that the warning that is required by the Consent Judgment complies with the Act. (Health & Safety Code, § 25249.7, subd. (f)(4)(A).) No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual, except as provided in Section 25249.10. (Health & Safety Code, § 25249.6.) A warning is clear and reasonable within the meaning of the Act if (1) the name of one or more of the listed chemicals is included in the text of the warning, and (2) the warning is prominently displayed on a label, labeling, or sign, and displayed with such conspicuousness as compared with other words, statements, designs, or devices on the label, labelling, or sign, as to render the warning likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use. (27 CCR § 25601, subds. (a), (b), (c).) Defendant has agreed that (1) Defendant shall not order any covered products for sale into California with any component that contains Diisononyl Phthalate in excess of 0.1 percent by weight; (2) for any covered products that Defendant sells, distributes, or ships into California after the effective date (i.e., the date on which the Consent Judgment is approved by the court) that were ordered before the effective date must contain a clear and reasonable warning for cancer unless it contains no more than 0.1 percent by weight of Diisononyl Phthalate; (3) such warnings shall be affixed to the packaging of, or directly on, or attached to the covered products, and shall be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions; and (4) covered products already distributed to downstream releasees prior to the effective date may continue to be sold as-is. (Yeroushalmi Decl., Ex. A, Proposed Consent Judgment, ¶¶ 3.3-3.3.) Moreover, Defendant has agreed not to sell or distribute the covered products in existing inventory for sale over the internet without providing a warning in the manner provided for with respect to internet sales. (Yeroushalmi Decl., Ex. A, Proposed Consent Judgment, ¶ 3.3.) The court finds that these warnings satisfy the Acts requirements. Second, the court finds that the award of attorneys fees is reasonable under California law. (Health & Safety Code, § 25249.7, subd. (f)(4)(B).) [T]he fee setting inquiry in California ordinarily begins with the lodestar, i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. . . . .¿ The reasonable hourly rate is that prevailing in the community for similar work.¿ The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided.¿ (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095 [internal citations omitted]; Reck v. FCA US LLC (2021) 64 Cal.App.5th 682, 691 [To determine a reasonable attorney fee award, the trial court applies the lodestar method].) Defendant has agreed to pay attorneys fees to Plaintiff in the total amount of $325,000. (Yeroushalmi Decl., Ex. A, Proposed Consent Judgment, ¶ 4.1.3.) Plaintiff has submitted the declaration of its counsel, in which counsel attests to the skills, qualifications, experience, and hourly rates of the attorneys, law clerks, and support staff who worked on this action. (Yeroushalmi Decl., ¶¶ 10, 13-15.) The court finds that the hourly rates requested are reasonable in light of the skills, qualifications, and experience of counsel, the law clerks, and the legal support staff. (Yeroushalmi Decl., ¶¶ 10 [$990 hourly rate for Yeroushalmi], 13 [$530 hourly rate for Royster], 14 [$435 hourly rate for Allen, $475 hourly rate for Liao, and $435 hourly rate for Purcell], 15, subd. (a) [$250 hourly rate for law clerks Sengupta, Singh, and Grams], 15, subd. (b) [$95 hourly rate for administrative assistants Klyczek and Suh].) Plaintiffs counsel has also attested, in his declaration, that the attorneys, law clerks, and legal staff expended a total number of 633.2 hours in this action. (Yeroushalmi Decl., ¶ 23.) The court finds that the number of hours expended in this action to investigate Defendants alleged violations of Proposition 65, draft the Complaint, engage in discovery and prepare and file various discovery motions, and settle this action with Defendant is reasonable. (Yeroushalmi Decl., ¶¶ 27 [work performed regarding investigation and notices], 28 [complaint-related work], 29 [work performed regarding discovery], 30 [settlement-related work].) Thus, the court finds that Plaintiff has established a lodestar figure of $349,642. (Yeroushalmi Decl., ¶ 23.) The court therefore finds that the award of $325,000 in attorneys fees in the Consent Judgment is reasonable under California law. Third, the court finds that the penalty amount is reasonable based on the criteria set forth in Health and Safety Code section 25249.7, subdivision (b)(2). In assessing the amount of a civil penalty for a violation of this chapter, the court should consider all of the following: (1) the nature and extent of the violation; (2) the number of, and severity of, the violations; (3) the economic effect of the penalty on the violator; (4) whether the violator took good faith measures to comply with the Act and the time these measures were taken; (5) the willfulness of the violators misconduct; (6) the deterrent effect that the imposition of the penalty would have on both the violator and regulated community as a whole; and (7) any other factor that justice may require. (Health & Safety Code, § 25249.7, subd. (b)(2).) Pursuant to the Consent Judgment, Defendant will issue two separate checks in the total amount of $57,156 for civil penalties, to be allocated as follows: (1) $42,867 (totaling 75 percent of the civil penalty) will be paid to the State of Californias Office of Environmental Health Hazard Assessment, and (2) $14,289 (totaling 25 percent of the civil penalty) will be paid to Plaintiff. (Yeroushalmi Decl., Ex. A, Consent Judgment, ¶¶ 4.1-4.1.1.) After considering the factors set forth in section 25249.7 and the evidence submitted by Plaintiff, including that 75 percent of the penalty will be paid to the State of Californias Office of Environmental Health Hazard Assessment, the court finds that the civil penalty is reasonable. (Yeroushalmi Decl., ¶¶ 6, 7 [the DINP exposure is a severe violation due to its highly toxic nature], 8 [although Plaintiff attempted to resolve this issue prior to filing suit, Defendant has expressed willingness to reformulate the product], 9 [the agreement to pay civil penalties was reached through arms-length negotiations]; Yeroushalmi Decl., Ex. B [Certificate of Analysis]; 11 CCR § 3203 [setting forth the other factors that justice may require].) Finally, the court finds that Plaintiff has shown that it is in the public interest to offset the civil penalty required by statute with the additional settlement payment to Plaintiff in the amount of $42,844 because (1) it does not exceed the $42,867 civil penalty to be deposited to the State of Californias Office of Environmental Health Hazard Assessment; (2) the Consent Judgment limits its use of this additional settlement payment to cover the fees for the investigation and testing of the Proposition 65-listed chemical and the administrative costs incurred during the investigation and litigation to reduce the publics exposure to the Proposition 65-listed chemical, which (i) has a clear and substantial nexus to Defendants alleged violation of the Act and (ii) is sufficiently specific; (3) the recipient thereof is an entity that is accountable (i.e., Plaintiff); and (4) the Consent Judgment requires Plaintiff to, within 30 days of a request from the Attorney General, provide copies of documentation demonstrating how the funds have been spent. (11 CCR §§ 3203, subd. (d), 3204, subds. (b)(1)-(b)(6); Yeroushalmi Decl., Ex. A, Consent Judgment, ¶ 4.1.2; Yeroushalmi Decl., ¶ 3; Marcus Decl., ¶¶ 6-12, 14.) Thus, the court finds that Plaintiff has met its burden to establish that the Consent Judgment entered into by and between it and Defendant complies with the Act and is reasonable. (Health & Safety Code, § 25249.7, subds. (f)(4), (f)(5).) The court therefore grants Plaintiffs motion. ORDER The court grants plaintiff Consumer Advocacy Group, Inc.s motion to approve and enter consent judgment. The court will sign and file the proposed Consent Judgment, lodged with the court by plaintiff Consumer Advocacy Group, Inc. on June 14, 2024. The court orders plaintiff Consumer Advocacy Group, Inc. to give notice of this ruling. IT IS SO ORDERED. DATED: July 29, 2024 _____________________________ Robert B. Broadbelt III Judge of the Superior Court

Ruling

LODIE POLLARD ET AL VS HAIG M BAZOIAN ET AL

Jul 26, 2024 |BC718464

Case Number: BC718464 Hearing Date: July 26, 2024 Dept: A LOS ANGELES SUPERIOR COURT NORTH CENTRAL DISTRICT - BURBANK DEPARTMENT A CONTINUANCE JULY 26, 2024 MOTION FOR SUMMARY JUDGMENT Los Angeles Superior Court Case # BC718464 MP: The City of Los Angeles (Defendant) RP: Lodie Pollard, Luna Skyy Pollard, Jayden Devaughn Carter, and Pink Selkin (Plaintiffs) NOTICE: The Court is not requesting oral argument on this matter. The Court is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the partys intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is received. Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412. ANALYSIS: On July 19, 2024 the Los Angeles Superior Court suffered a cyber security attack which resulted in the significant impairment of most Court systems. Due to this complication, additional time is required for the Court to review these motions and issue a tentative ruling. The Court, on its own motion, thus continues the motions for summary judgment brought by the City of Los Angeles to August 14, 2024 at 9:00 a.m. --- RULING: In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the courts records. ORDER The City of Los Angeless Motions for Summary Judgment came on regularly for hearing on Jukly 26, 2024, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: THE MOTIONS FOR SUMMARY JUDGMENT ARE CONTINUED TO AUGUST 14, 2024 AT 9:00 AM. ALL OTHER DATES REMAIN. DEFENDANT CITY OF LOS ANGELES TO GIVE NOTICE. IT IS SO ORDERED. DATE: July 26, 2024 _______________________________ F.M. TAVELMAN, Judge Superior Court of California County of Los Angeles

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Jul 25, 2024 |Torts - Motor Vehicle |Torts - Motor Vehicle |034506/2024

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Lavern Mckenzie, Karen Ochieng, Sasha Villalona, Valrie Broughton, Lory Jerome, Shayna Mckenzie, Bya Bah, Cindy Robinson, Yvette Duncan, Shernat Stewart v. Kim Champion, Stanley Lormestil, Deborah Francis, Zakiyyah Saleem, Rachel Belizaire, Marcia Taylor, Kareful And Karefree Training School In New York City Inc

May 19, 2017 |Keith Cornell |Torts - Other (intentional tort fraud) |Torts - Other (intentional tort fraud) |035608/2023

Document

Lavern Mckenzie, Karen Ochieng, Sasha Villalona, Valrie Broughton, Lory Jerome, Shayna Mckenzie, Bya Bah, Cindy Robinson, Yvette Duncan, Shernat Stewart v. Kim Champion, Stanley Lormestil, Deborah Francis, Zakiyyah Saleem, Rachel Belizaire, Marcia Taylor, Kareful And Karefree Training School In New York City Inc

May 19, 2017 |Keith Cornell |Torts - Other (intentional tort fraud) |Torts - Other (intentional tort fraud) |035608/2023

Document

Lavern Mckenzie, Karen Ochieng, Sasha Villalona, Valrie Broughton, Lory Jerome, Shayna Mckenzie, Bya Bah, Cindy Robinson, Yvette Duncan, Shernat Stewart v. Kim Champion, Stanley Lormestil, Deborah Francis, Zakiyyah Saleem, Rachel Belizaire, Marcia Taylor, Kareful And Karefree Training School In New York City Inc

May 19, 2017 |Keith Cornell |Torts - Other (intentional tort fraud) |Torts - Other (intentional tort fraud) |035608/2023

Document

Lavern Mckenzie, Karen Ochieng, Sasha Villalona, Valrie Broughton, Lory Jerome, Shayna Mckenzie, Bya Bah, Cindy Robinson, Yvette Duncan, Shernat Stewart v. Kim Champion, Stanley Lormestil, Deborah Francis, Zakiyyah Saleem, Rachel Belizaire, Marcia Taylor, Kareful And Karefree Training School In New York City Inc

May 19, 2017 |Keith Cornell |Torts - Other (intentional tort fraud) |Torts - Other (intentional tort fraud) |035608/2023

EXHIBIT(S) - F (Motion #008) - EBT Testimony of Davies- Johnson December 05, 2022 (2024)

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