Motion to Approve Proposition 65 Settlement and Consent Judgement
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SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 12 Honorable Nahal Iravani-Sani, Presiding Courtroom Clerk, Ryan Nguyen 191 North First Street, San Jose, CA 95113 Telephone: (408) 882-2230
DATE: 06/12/2026 TIME: 9:00 A.M. and 9:01 A.M.
LINE # CASE # CASE TITLE RULING LINE 1 22CV406660 American Express Motion: Vacate National Bank v. Merquais Nabizada Please Ctrl Click (or scroll down) on Line 1 LINE 2 25CV465349 Yiting Zhao et al Hearing: Petition Compel Arbitration vs Dr. Yueyue Guo, LAc et al Please Ctrl Click (or scroll down) on Line 2 LINE 3 25CV472932 Keep America Safe and Hearing: Motion to Approve Proposition 65 Settlement and Consent Beautiful Judgement vs Trademark Global LLC Please Ctrl Click (or scroll down) on Line 3 LINE 4 25CV474734 Wells Fargo Bank, Hearing: Motion Summary Judgment N.A. vs Jean Ansaldo Notice is proper. No opposition has been filed. “[T]he failure to file an opposition creates an inference that the motion or demurrer is meritorious.” (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)
Good Cause Appearing, Plaintiff’s motion is granted.
Plaintiff to prepare the final order, accompanied by the necessary Forms EFS-020, within 10 days of the date of the hearing.
LINE 5 25CV477277 Qingyu Liang vs Yu Motion: Strike & Demurrer Zhu LINE 6 Please Ctrl Click (or scroll down) on Line 5 for Lines 5 & 6
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Calendar Line 3 Case Name: Keep America Safe and Beautiful v. Trademark Global, LLC Case No.: 25CV472932
PLAINTIFF'S MOTION TO APPROVE PROPOSITION 65 SETTLEMENT AGREEMENT AND CONSENT JUDGMENT
Plaintiff moves for approval of a settlement and consent judgment resolving this Proposition 65 enforcement action pursuant to Health and Safety Code section 25249.7(f)(4).
Health and Safety Code section 25249.7(f)(4) requires court approval of settlements in private Proposition 65 actions and authorizes approval only upon findings that: (1) any warning required by the settlement complies with Proposition 65; (2) the attorney's fee award is reasonable under California law; and (3) the civil penalty is reasonable under the criteria set forth in Health and Safety Code section 25249.7(b)(2).
The Court has reviewed the supporting declaration submitted in connection with the motion and finds it provides sufficient information regarding the alleged violations, injunctive relief, civil penalties, and attorney's fees to permit evaluation of the proposed settlement.
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First, the settlement requires Defendant to provide Proposition 65 warnings for covered brass lamps sold in California unless the products are reformulated to comply with Proposition 65 requirements. The Court finds the warning provisions are reasonably designed to comply with Health and Safety Code section 25249.6 and satisfy the requirements of section 25249.7(f)(4)(A).
Second, the settlement provides for payment of $25,000 in attorney's fees and costs. Counsel represents that the amount sought is less than the lodestar value of fees and costs incurred in investigating, litigating, and resolving the matter. Based on the record presented, the Court finds the requested attorney's fee award reasonable under Code of Civil Procedure section 1021.5 and Health and Safety Code section 25249.7(f)(4)(B).
Third, the settlement provides for a civil penalty of $6,000. The record reflects consideration of the nature of the alleged violation, the number of products sold, Defendant's cooperation in resolving the matter, the corrective measures undertaken following notice of the alleged violation, the absence of evidence of intentional noncompliance, and the deterrent effect of the settlement. The Court finds the civil penalty reasonable under the factors set forth in Health and Safety Code section 25249.7(b)(2).
Accordingly, the Court finds that the settlement satisfies the requirements of Health and Safety Code section 25249.7(f)(4). The motion is GRANTED. The Settlement Agreement and Consent Judgment are approved.
Plaintiff to submit the final order accompanied by necessary Form EFS-020 within 7 days of hearing.
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