ENVIRONMENTAL HEALTH ADVOCATES, INC. VS. SCHWAN'S IP, LLC, A MINNESOTA LIMITED LIABILITY ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25629733 - December 16, 2025 Hearing date: December 16, 2025 Case number: CGC25629733 Case title: ENVIRONMENTAL HEALTH ADVOCATES, INC. VS. SCHWAN'S IP, LLC, A MINNESOTA LIMITED LIABILITY ET AL Case Number: | | CGC25629733 | Case Title: | | ENVIRONMENTAL HEALTH ADVOCATES, INC. VS. SCHWAN'S IP, LLC, A MINNESOTA LIMITED LIABILITY ET AL | Court Date: | | 2025-12-16 09:00 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | On the Law and Motion/Discovery calendar for December 16, 2025, line 10. DEFENDANT SHEMRAN, INC.'S DEMURRER to COMPLAINT.

Defendant Shemran, Inc.'s unopposed demurrer to complaint is sustained with 20 days leave to amend. Shemran, Inc. demurs to the sole cause of action in Plaintiff Environmental Health Advocates, Inc.'s complaint on the ground that the complaint fails to plead sufficient facts to state a cause of action. (Code of Civil Procedure 430.10(e)).

Shemran is identified in the complaint as a corporation doing business in San Francisco which "manufactures, imports, sells or distributes" Annie Chun's Peanut Sesame Noodle Bowl ("the Product") in California. (Complaint, paragraph 9)

In its unopposed demurrer, Sherman explains that as a retail seller of the Product, 27 CA Code of Regulations 25600.2(e) requires Plaintiff to allege one of five circumstances defined in the regulation in order to state establish that a retail seller such as Shemran was required to give a Proposition 65 warning for the Product.

The record establishes that Shemran attempted to initiate a meet-and-confer with Plaintiff's attorney prior to filing the demurrer, but Plaintiff's attorney failed to respond to Shemran's letter dated October 28, 2025. This effort to meet-and-confer was adequate under the circumstances of this case.

Plaintiff's Request for Judicial Notice is granted as to items 1-5, inclusive, and denied as to items 6-9. Good cause appearing, Shemran, Inc's demurrer to complaint is sustained with 20 days leave to amend.

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