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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Feb-14-2019 12:58 pm
Case Number: CGC-19-573796
Filing Date: Feb-14-2019 12:55
Filed by: BOWMAN LIU
Image: 06688975
COMPLAINT
CENTER FOR ADVANCED PUBLIC AWARENESS, INC. VS. MID CITY CANNABIS
CLUB, INC. ET AL
001006688975
Instructions:
Please place this sheet on top of the document to be scanned.SUM-100
(orate CNS aL) po SBE EE ba
NOTICE TO DEFENDANT:
{AVISO AL DEMANDADO):
MID CITY CANNABIS CLUB, INC. dba LA BREA COLLECTIVE, a
California Corporation; and DOES | through 50, inclusive,
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
CENTER FOR ADVANCED PUBLIC AWARENESS, INC., in the
public interest,
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below. .
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
Served on the plaintiff. A tetter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. if you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the Califomia Legal Services Web site (www.lawhelpcalifomia.org), the California Courts Online Self-Help Center
(www. courtinfo.ca.gov/selthelp), or by contacting your local court or county bar association, NOTE: The court has a statutory lien for waived fees and
Costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
JAVISO! Lo han demandado. Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versién. Lea la informacién a
continuacion.
Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefénica no lo protegen, Su respuesta por escrito tiane que estar
en formato legal correcto si desea que procesen su caso en la corte. Es. posible que haya un formulerio que usted pueda usar para su respuesta.
Puede encontrar estos formularios de la corte y mas informacién en el Centro de Ayuda de las Cortes de Califomia (www.sucorte.ca-gov), en /a
biblioteca de leyes de su condado o en Ia corte que le quede més cerca, Sino ‘puede pagar la cuota de presentacién, pida al secretario de /a corte
ue le 06 un formulario de exencién de pago de cuotas. Sino presenta su respuesta a tiempo, puede perder el caso por incumplimiento yla corte le
podré quitar su sueldo, dinero y bienes sin més advertencia.
Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede Hlamar a un servicio de
remision a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legates gratuitos de un
Programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en él sitio web de California Legal Services,
(www lawhelpcalifomia.org), en ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto con la corte oe!
colagio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costs exentos por imponer un gravamen sobre
cualquier recuperacion de $10,000 6 més de valor recibida mediante un acuerdo o una concesién de arbitraje en un caso de derecho civil. Tiene que
Pagar el gravamen de la corte antes de que la corte pueda desechar el caso.
The name and address of the court is: CASE NUMBER: -
(El nombre y direccién de la corte es): San Francisco Superior Court (Nomen del Caso): cat - 1 9 5 13 / 9 6
400 McAllister St.,
San Francisco, CA 94102-4514
The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
(El nombre, la direccién y el numero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es):
Kawahito Law Group APC, 222 N. Pacific Coast Hwy., Suite 2222, El Segundo, CA 90245, 310-746-5300
DATE: Clerk, by ~ » Deputy
(Fecha) . FEB 14 2019 DEPUTY CLERK ce Sap (Adjunto)
(For proof of service of this summons, use Proof of Service of Summons (forr-ROS-040) )
(Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)). Bown,
NOTICE TO THE PERSON SERVED: You are served lA 3
1. [) as an individual defendant, i F Ry
2. [_] as the person sued under the fictitious name of (specify):
ONE LEGALLLC
3. 1) on behalf of (specify):
under: [—] CCP 416.10 (corporation) (] CCP 416.60 (minor)
(] CCP 416.20 (defunct corporation) [4 CCP 416.70 (conservatee)
(£7] CCP 416.40 (association or partnership) [—] CCP 416.90 (authorized person)
[) other (specify):
4. [] by personal delivery on (date):
age Lott
Form adopied for Wanda Use Cove of Gt Promaaire $5 4122
‘ual Cou of Casa SUMMONS on coca gor
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JAMES KAWAHITO (SBN 234851)
KAWAHITO LAW GROUP APC F olin cod ED
222 N. Pacific Coast Hwy. Suite 2222 County of San Francisco
El! Segundo, CA 90245
Telephone: (310) 746-5300 FEB 14 2019
Facsimile: (310) 593-2520
Email: jkawahito@kawahitolaw.com CLE F THE COURT
BY
Attorneys Plaintiff the Center for Advanced Public Awareness, Inc. Deputy Clerk _
BOWMAN tay
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
CENTER FOR ADVANCED PUBLIC CaseNumber: 060 = 19-57379
AWARENESS, INC.), in the public interest,
COMPLAINT FOR INJUNCTIVE RELIEF
Plaintiff, AND CIVIL PENALTIES
vs. Violation of Proposition 65, the Safe
Drinking Water and Toxic Enforcement Act
MID CITY CANNABIS CLUB, INC. dba LA | of 1986 (Health and Safety Code § 25249.5 et
BREA COLLECTIVE, a California seq.)
Corporation; and DOES 1 through 50,
inclusive,
Defendants.
BY FAX
ONE LEGAL LLC
COMPLAINT
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Plaintiff the Center for Advanced Public Awareness, Inc. (“CAPA”), in the public interest,
alleges as follows as to matters within its own knowledge, and on information and belief as to all
other matters:
INTRODUCTION
1. This action seeks to remedy the alleged failure of Defendant Mid City Cannabis Club,
Inc. dba La Brea Collective (“MCC” or “Defendant”), and DOES 1-50 (collectively
“Defendants”) to warn consumers in California that they are being exposed to Marijuana Smoke,
a substance known to the State of California to cause cancer. Such exposures have occurred, and
continue to occur, through the manufacture, growth, processing, distribution, sale and consumer
use of the marijuana flowers, buds, leaves, stems and other organic parts of the cannabis and
marijuana plants (the “Products”) intended for combustion via smoking and/or inhalation.
California consumers are directly exposed to Marijuana Smoke through the combustion and
inhalation of the Products.
2. Pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, Health and
Safety Code Section 25249.5 er seq. (hereinafter “Proposition 65”), it is unlawful for businesses
to knowingly and intentionally expose individuals in California to chemicals known to the State
to cause cancer and/or birth defects or other reproductive harm above the safe harbor levels,
which include the No Significant Risk Levels and/or Maximum Allowable Dose Levels without
providing “clear and reasonable” warnings to individuals prior to their exposure.
3. Despite the fact that MCC’s Products allegedly expose consumers to Marijuana Smoke, it
failed to provide any warnings whatsoever about the carcinogenic hazards associated with
Marijuana Smoke exposure. Moreover, MCC’s continued manufacture, growth, processing,
packaging, distribution, marketing, and/or sales of the Products without the required health
hazard warnings, causes consumers to be involuntarily, unknowingly and unwittingly exposed to
the dangers of Marijuana Smoke in violation of Proposition 65. Thus, Defendants’ conduct
subjects them to civil penalties and injunctive relief.
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JURISDICTION AND VENUE
4. This Court has jurisdiction over this action pursuant to Cal. Health & Safety Code §
25249.7, which allows enforcement in any court of competent jurisdiction. The California
Superior Court has jurisdiction over this action pursuant to California Constitution Article VI,
Section 10, which grants the Superior Court “original jurisdiction in all cases except those given
by statute to other trial courts.” The statute under which this is brought does not specify any other
court with jurisdiction.
5. This Court has jurisdiction over Defendants because they are business entities that do
sufficient business, have sufficient minimum contacts or otherwise intentionally avail themselves
of the California market through the sale, marketing, or use of the Products in the California
market and/or by having such other contact with California so as to render the exercise of
jurisdiction over them by the California courts consistent with traditional notions of fair play and
substantial justice.
6. Venue is proper in this Court because, upon information and belief, one or more of the
violations arise in San Francisco County.
THE PARTIES
7. CAPA is a non-profit corporation organized under the laws of California acting in the
interest of the general public seeking to further, among other causes, the protection of the
environment, awareness of dangerous chemicals in consumer products, and corporate
accountability. CAPA is a “person” within the meaning of Cal. Health & Safety Code §
25249.11(a) and brings this enforcement action in the public interest pursuant to Cal. Health &
Safety Code § 25249.7(d).
8. CAPA is informed and believes, and thereon alleges, that Defendant MCC is a California
entity, which offers the Products for sale into the state of California. MCC is a “person in the
course of doing business” within the meaning of Cal. Health & Safety Code § 25249.11(b).
9. CAPA is unaware of the true names or capacities of the Defendants sued herein under the
fictitious names DOES 1-50, but prays for leave to amend and serve such fictitiously named
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Defendants pursuant to California Code of Civil Procedure § 474, once their names and capacities
become known.
10. CAPA is informed and believes, and thereon alleges, that each and all of the acts and
omissions alleged herein were performed by, or are attributable to, Defendants and DOES 1-50,
each acting as the agent for the other, with legal authority to act on the other’s behalf. Upon
information and belief, the acts of Defendants were in accordance with, and represent the official
policies of Defendants.
11. At all times herein mentioned, upon information and belief, the Defendants, and each of
them, ratified each and every act or omission complained of herein. At all times herein
mentioned, upon information and belief, Defendants, and each of them, aided and abetted the acts
and omissions of each and all the other Defendants proximately causing the damages herein
alleged.
12. CAPA is informed and believes, and thereon alleges, that each of Defendants are in some
manner intentionally, negligently, or otherwise responsible for the acts, omissions, occurrences,
and transactions alleged herein.
STATUTORY AND REGULATORY BACKGROUND
13. The People of the State of California declared in Proposition 65 their right "[t]o be
informed about exposures to chemicals that cause cancer, birth defects, or other reproductive
harm." (Section 1(b) of Initiative Measure, Proposition 65).
14. To effectuate this goal, Proposition 65 requires that individuals be provided with a “clear
and reasonable warning” before being exposed to substances listed by the State of California as
causing cancer or reproductive toxicity. Cal. Health and Safety Code §25249.6 states, in pertinent
part:
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...
15. A product exposure to a chemical is one that “results from a person’s acquisition,
purchase, storage, consumption, or other reasonably foreseeable use of a product....:” 27C.C.R.
25600(h).
§ (h) 3
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16. Proposition 65 provides that any “person who violates or threatens to violate” the statute
may be enjoined in a court of competent jurisdiction. Cal. Health & Safety Code §25249.7. The
phrase “threaten to violate” is defined to mean creating “a condition in which there is a substantial
probability that a violation will occur” Cal. Health & Safety Code §25249.11(e). Violators are
liable for civil penalties of up to $2,500 per day for each violation of the Act. Cal. Health &
Safety Code §25249.7.
17. On December 12, 2007, the Office of Environmental Health Hazard Assessment
(“OEHHA”) announced the selection of Marijuana Smoke as a chemical for consideration for
listing by the Carcinogen Identification Committee (“CIC”) in the California Regulatory Register.
The CIC subsequently determined that Marijuana Smoke has been clearly shown, through
scientifically valid testing according to general accepted principles, to cause cancer.
Consequently, the State of California officially listed Marijuana Smoke as a chemical known to
cause cancer on June 19, 2009, and became subject to the clear and reasonable warning
requirement regarding cancer under Proposition 65. 27 C.C.R. §27001(c); Cal. Health & Safety
Code §25249,10(b).
STATEMENT OF RELEVANT FACTS
18. CAPA purchased the Products on or around July 23, 2018 from MCC.
19. CAPA alleges that MCC has manufactured, grown, processed, marketed, distributed,
offered to sell, and/or sold the Products for use and consumption by California consumers
20. The Products are intended to be consumed through combustion and inhalation such that
individuals who inhale the Products in such manner are exposed to Marijuana Smoke.
21. MCC knows and intends that consumers will use the products in the manner stated above,
and that they will be exposed to Marijuana Smoke through the intended use of the Products.
22. At all times relevant to this action, Defendant, therefore, has knowingly and intentionally
exposed the users of the Products to Marijuana Smoke without first giving a clear and reasonable
warning to such individuals.
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23. CAPA is informed and believes, and thereon alleges, that Defendants have, since August
2017, and continuing through the present, exposed consumers to Marijuana Smoke without
providing clear and reasonable warnings regarding the cancer hazards of Marijuana Smoke.
24. As a proximate result of the acts by Defendants, as persons in the course of doing business
within the meaning of Health & Safety Code §25249.11, they have subjected consumers to
violative exposures through the normal and foreseeable use of the Products.
25. Any person acting in the public interest has standing to enforce violations of Proposition
65 provided that such person has supplied the requisite public enforcers with a valid 60-Day
Notice of Violation and such public enforcers are not diligently prosecuting the action with such
time. Cal. Health & Safety Code §25249.7(d).
26. On August 17, 2018, CAPA provided a “60-Day Notice of Violation of California Health
& Safety Code Section 25249.5 et seq.” (“Notice”) to the California Attorney General, the District
Attorneys of every county in California, and the City Attorneys of every California city with a
population greater than $750,000.00. Defendant was also provided a copy of the Notice. The
Notice included, inter alia, the following information: the name, address, and telephone number of
the noticing individual; the name of the alleged violator; the statute violated; the approximate time
period during which violations occurred; and descriptions of the violations including the
chemicals involved, the routes of toxic exposure, and the specific product or type of product
causing the violations. The Notice package to Defendant also included the most recent version of
Appendix A, the Final Adopted Regulatory Text for Title 27 of the California Code of
Regulations, Section 5903 as amended. In compliance with California Health & Safety Code §
25249.7(d) and 11 C.C.R. §3102, CAPA, Plaintiff provided factual information — on a confidential
basis — to the Attorney General sufficient to satisfy basis for the Certificate of Merit, including the
testing performed by CAPA, and/or its litigation consultants, and the facts, studies, or other data
supporting the Certificate.
27. After expiration of the sixty (60) day notice period, the appropriate public enforcement
agencies have failed to commence and diligently prosecute a cause of action under California
Health & Safety Code §25249.5 et seq. against Defendant based on the allegations herein.
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28. CAPA has engaged in good faith efforts to resolve the claims alleged herein prior to filing
this complaint, and the parties have reached an agreement in principal to seek a stipulated consent
judgment,
FIRST CAUSE OF ACTION
(Injunctive Relief Pursuant to Cal. Health & Safety Code §25249.5 et seq.)
29. CAPA incorporates by reference and re-alleges as if fully stated herein the material
allegations set out in paragraphs 1 through 28 inclusive.
30. By committing the acts alleged in this Complaint, Defendant at all times relevant to this
action, and continuing through the present, has violated California Health & Safety Code
§25249.6 by, in the course of doing business, knowingly and intentionally exposing individuals in
California to chemicals known to the State of California to cause cancer without first giving clear
and reasonable warnings to such persons who use or consume Marijuana Smoke, pursuant to
California Health & Safety Code §§25249.6 and 25249.11(f).
31. By the above-described acts, Defendant has violated California Health & Safety Code
§25249.6 and is therefore subject to preliminary and permanent injunctions ordering Defendant to
stop violating Proposition 65, to provide warnings to all present and future customers, and to
provide warnings to Defendant’s past customers who purchased or used the Products without
receiving a clear and reasonable warning.
32. An action for injunctive relief under Proposition 65 is specifically authorized by California
Health & Safety Code §25249.7(a).
33. Defendant’s actions in selling the Products without clear and reasonable warnings will
irreparably harm the citizens of the State of California, for which harm they have no plain, speedy,
or adequate remedy at law.
34. In the absence of preliminary and then permanent injunctive relief, Defendant will
continue to create a substantial risk of irreparable injury by continuing to cause consumers to be
involuntarily, unknowingly and unwittingly exposed to Marijuana Smoke through the use, and/or
consumption of the Products.
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SECOND CAUSE OF ACTION
(Civil Penalties Pursuant to Cal. Health & Safety Code §25249.5 et seq)
35. CAPA incorporates by reference and re-alleges as if fully stated herein the material
allegations set out in paragraphs 1 through 34, inclusive.
36. By committing the acts alleged in this Complaint, Defendant at all times relevant to this
action, and continuing through the present, has violated California Health & Safety Code
§25249.6 by, in the course of doing business, knowingly and intentionally exposing individuals in
California to chemicals known to the State of California to cause cancer or reproductive toxicity
without first giving clear and reasonable warnings to such persons who use, consume or handle the
Products containing Marijuana Smoke, pursuant to California Health & Safety Code §§25249.6
and 25249.11(f).
37, By engaging in the above-described acts, Defendant is liable, pursuant to California Health
& Safety Code §25249.7(b), for a civil penalty of up to $2,500 per day per violation for each
unlawful exposure to Marijuana Smoke from the Products in an amount in excess of $1 million.
PRAYER FOR RELIEF
WHEREFORE, CAPA prays for relief and judgment against Defendant follows:
As to the Causes of Action
1, A preliminary and permanent injunction, pursuant to California Health &
Safety Code Code §25249.7(a), enjoining Defendant, its agents, employees, assigns and all
persons acting in concert or participating with Defendant, from manufacturing, distributing,
marketing or selling the Products in California without either reformulating the Products or
providing a clear and reasonable warning, within the meaning of Proposition 65, that the users
and/or consumers of the Products are exposed to Marijuana Smoke;
2. An Order pursuant to California Health & Safety Code §25249.7(a)
compelling Defendant to use best methods to identify and locate each individual who purchased
the Products during the statutory period, and to provide a warning to such person that the use of
the Products will expose them to chemicals known to cause cancer;
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3. An assessment of civil penalties pursuant to California Health & Safety
Code §25249.7(b) against Defendant in the amount of $2,500 per day for each violation of
Proposition 65, in an amount to be determined at trial;
4, For an award to CAPA of its reasonable attorneys’ fees and costs of suit
incurred herein; and
5. For such equitable or other relief as the Court may deem just and proper.
Dated: February 14, 2019 KAWAHITO LAW GROUP APC
forneys for Plaintiff
‘CENTER FOR ADVANCED PUBLIC
AWARENESS, INC.
8
COMPLAINT© o
CM-01
ATTORNEY OR PARTY Wi Saye (Name, State Bar number, and address): FOR COURT USE ONLY
| “Yames Kawahito (SBN: 2548519
Kawahito Law Group APC
222 North Pacific Coast Hwy., Suite 2222
El Segundo, CA oe 146. 5300 F
TELEPHONE NO: 310-746-: FAX NO: 4.
ATTORNEY FOR (Name): Center for Advanced Public Awareness, Inc. Superior Court of California)
7 unty of San Francisco
{SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aporess: 400 McAllister St. 142019
mains aporess: 400 Mc Allister St. FEB
cry ano zip cove: San Francisco, CA 94102-4514
items 1-6 below must be completed (see instructions on page 2).
srancu nae. Civic Center Courthouse CLE! F THE C DURT
CASE NAME: BY: —_
Center for Advanced Public Awareness, Inc., v. Mid City Cannabis Club 7
CIVIL CASE COVER SHEET Complex Case Designation OSE “=a - i 9 -5 7 3 706
Unlimited — [—] Limited Oo Oo
(Amount (Amount Counter Joinder ose
demanded demanded is Filed with first appearance by defendant | “
exceeds $25,000) _ $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionalty Complex Civil Litigation
Auto (22) [2] Breach of contractwarranty (06) (Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) [J Rute 3.740 cottections (09) 2) antitrustrTrade regulation (03)
Other PPDAWD (Personal Injury/Property _ [__] Other collections (09) [J construction defect (10)
Damage/Wrongful Death} Tort Insurance coverage (18) Mass tort (40)
‘Asbestos (04) Other contract (37) [J securities titigation (28)
Product liability (24) Real Property {J EnvironmentaToxic tort (30)
Medical malpractice (45) Eminent domain/Inverse Insurance coverage claims arising from the
2) other puppiwn (23) condemnation (14), above listed provisionally complex case
Non-PUPDIWD (Other) Tort [J Wrongful evietion (33) 'ypes (41)
[1 Business torvuntair business practice (07) [_] Other real property (26) Enforcement of Judgment
[1 civitrignts (08) Unlawful Detainer [J Enforcement of judgment (20)
[J defamation (13) CJ commercial (31) Miscellaneous Civil Complaint
LJ Fraua (16) [1 Residential (32) 2) rico @7)
[J intettectual property (19) CJ Drugs (38) Other complaint (not specified above) (42)
[J Professional negligence (25) dudicial Review Miscellaneous Civil Petition
Other non-PI/PD/WD tort (35) [J Asset forfeiture (05) Partnership and corporate governance (21)
Employment CJ Petition re: arbitration award (11) | Other petition (not specified above) (43)
Wrongful termination (36) [J writ of mandate (02)
[_]_ other employment (15) [1 _ other judicial review (39)
2. Thisease [_Jis [yJisnot complex under rule 3.400 of the California Rules of Court. if the case is complex, mark the
factors requiring exceptional judicial management:
a oO Large number of separately represented parties d, OO Large number of witnesses
b. CJ Extensive motion practice raising difficult or novel e. CI Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c.C_] Substantial amount of documentary evidence f. | Substantial postjudgment judicial supervision
3. Remedies sought (check ail that apply): a. Ww monetary b.
4. Number of causes of action (specify): 2
5. Thiscase [_Jis isnot a class action suit.
nonmonetary; declaratory or injunctive relief ¢. [__]punitive
6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015,) BY FAX
Date: February 14, 2019 LEGAL LLC
James Kawahito > ONE ,
(TYPE OR PRINT NAME) ZABIGRATURE OF PARTY OR ATTORNEY FOR PARTY)
NOTICE F
¢ Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
* File this cover sheet in addition to any cover sheet required by local court rule.
* If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
© Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. tot
age 1 0
Form Adopted for Mandatory Use Cal. Rules of Coun, rules 280, 3220, 3 400-3 403, 3.740,
‘Judicial Counc! of Caifomia CIVIL CASE COVER SHEET ‘Cal. Standards of Jucial Administration, sid. 3.10
(CM-O10 Re. duly 1, 2007] winw.courtinto.ca.govINSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
‘one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check. the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Rule 3.740 Collections Cases. A “collections case” under rule 3.740 is defined as an action for recovery of money
owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in
which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
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CM-O10 (Rev. July 1, 2007)
CASE TYPES AND EXAMPLES
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, IOC SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Feb-14-2019 12:58 pm Case Number: CGC-19-573796 Filing Date: Feb-14-2019 12:55 Filed by: BOWMAN LIU Image: 06688975 COMPLAINT CENTER FOR ADVANCED PUBLIC AWARENESS, INC. VS. MID CITY CANNABIS CLUB, INC. ET AL 001006688975 Instructions: Please place this sheet on top of the document to be scanned.SUM-100 (orate CNS aL) po SBE EE ba NOTICE TO DEFENDANT: {AVISO AL DEMANDADO): MID CITY CANNABIS CLUB, INC. dba LA BREA COLLECTIVE, a California Corporation; and DOES | through 50, inclusive, YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): CENTER FOR ADVANCED PUBLIC AWARENESS, INC., in the public interest, NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. . You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy Served on the plaintiff. A tetter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. if you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the Califomia Legal Services Web site (www.lawhelpcalifomia.org), the California Courts Online Self-Help Center (www. courtinfo.ca.gov/selthelp), or by contacting your local court or county bar association, NOTE: The court has a statutory lien for waived fees and Costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. JAVISO! Lo han demandado. Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versién. Lea la informacién a continuacion. Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefénica no lo protegen, Su respuesta por escrito tiane que estar en formato legal correcto si desea que procesen su caso en la corte. Es. posible que haya un formulerio que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y mas informacién en el Centro de Ayuda de las Cortes de Califomia (www.sucorte.ca-gov), en /a biblioteca de leyes de su condado o en Ia corte que le quede més cerca, Sino ‘puede pagar la cuota de presentacién, pida al secretario de /a corte ue le 06 un formulario de exencién de pago de cuotas. Sino presenta su respuesta a tiempo, puede perder el caso por incumplimiento yla corte le podré quitar su sueldo, dinero y bienes sin més advertencia. Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede Hlamar a un servicio de remision a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legates gratuitos de un Programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en él sitio web de California Legal Services, (www lawhelpcalifomia.org), en ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto con la corte oe! colagio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costs exentos por imponer un gravamen sobre cualquier recuperacion de $10,000 6 més de valor recibida mediante un acuerdo o una concesién de arbitraje en un caso de derecho civil. Tiene que Pagar el gravamen de la corte antes de que la corte pueda desechar el caso. The name and address of the court is: CASE NUMBER: - (El nombre y direccién de la corte es): San Francisco Superior Court (Nomen del Caso): cat - 1 9 5 13 / 9 6 400 McAllister St., San Francisco, CA 94102-4514 The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: (El nombre, la direccién y el numero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es): Kawahito Law Group APC, 222 N. Pacific Coast Hwy., Suite 2222, El Segundo, CA 90245, 310-746-5300 DATE: Clerk, by ~ » Deputy (Fecha) . FEB 14 2019 DEPUTY CLERK ce Sap (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (forr-ROS-040) ) (Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)). Bown, NOTICE TO THE PERSON SERVED: You are served lA 3 1. [) as an individual defendant, i F Ry 2. [_] as the person sued under the fictitious name of (specify): ONE LEGALLLC 3. 1) on behalf of (specify): under: [—] CCP 416.10 (corporation) (] CCP 416.60 (minor) (] CCP 416.20 (defunct corporation) [4 CCP 416.70 (conservatee) (£7] CCP 416.40 (association or partnership) [—] CCP 416.90 (authorized person) [) other (specify): 4. [] by personal delivery on (date): age Lott Form adopied for Wanda Use Cove of Gt Promaaire $5 4122 ‘ual Cou of Casa SUMMONS on coca gor ‘SUM-100 [Rev, July 1, 2009]oe NY DH BF Ww Ye NY YY N NN NY B&B Be ew ew ew we ee Be ota Vr FY NF SO wMAUA AA REA NH LS JAMES KAWAHITO (SBN 234851) KAWAHITO LAW GROUP APC F olin cod ED 222 N. Pacific Coast Hwy. Suite 2222 County of San Francisco El! Segundo, CA 90245 Telephone: (310) 746-5300 FEB 14 2019 Facsimile: (310) 593-2520 Email: jkawahito@kawahitolaw.com CLE F THE COURT BY Attorneys Plaintiff the Center for Advanced Public Awareness, Inc. Deputy Clerk _ BOWMAN tay SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO CENTER FOR ADVANCED PUBLIC CaseNumber: 060 = 19-57379 AWARENESS, INC.), in the public interest, COMPLAINT FOR INJUNCTIVE RELIEF Plaintiff, AND CIVIL PENALTIES vs. Violation of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act MID CITY CANNABIS CLUB, INC. dba LA | of 1986 (Health and Safety Code § 25249.5 et BREA COLLECTIVE, a California seq.) Corporation; and DOES 1 through 50, inclusive, Defendants. BY FAX ONE LEGAL LLC COMPLAINT 6oe YN HN BF WN 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff the Center for Advanced Public Awareness, Inc. (“CAPA”), in the public interest, alleges as follows as to matters within its own knowledge, and on information and belief as to all other matters: INTRODUCTION 1. This action seeks to remedy the alleged failure of Defendant Mid City Cannabis Club, Inc. dba La Brea Collective (“MCC” or “Defendant”), and DOES 1-50 (collectively “Defendants”) to warn consumers in California that they are being exposed to Marijuana Smoke, a substance known to the State of California to cause cancer. Such exposures have occurred, and continue to occur, through the manufacture, growth, processing, distribution, sale and consumer use of the marijuana flowers, buds, leaves, stems and other organic parts of the cannabis and marijuana plants (the “Products”) intended for combustion via smoking and/or inhalation. California consumers are directly exposed to Marijuana Smoke through the combustion and inhalation of the Products. 2. Pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code Section 25249.5 er seq. (hereinafter “Proposition 65”), it is unlawful for businesses to knowingly and intentionally expose individuals in California to chemicals known to the State to cause cancer and/or birth defects or other reproductive harm above the safe harbor levels, which include the No Significant Risk Levels and/or Maximum Allowable Dose Levels without providing “clear and reasonable” warnings to individuals prior to their exposure. 3. Despite the fact that MCC’s Products allegedly expose consumers to Marijuana Smoke, it failed to provide any warnings whatsoever about the carcinogenic hazards associated with Marijuana Smoke exposure. Moreover, MCC’s continued manufacture, growth, processing, packaging, distribution, marketing, and/or sales of the Products without the required health hazard warnings, causes consumers to be involuntarily, unknowingly and unwittingly exposed to the dangers of Marijuana Smoke in violation of Proposition 65. Thus, Defendants’ conduct subjects them to civil penalties and injunctive relief. 1 COMPLAINToO IN HH BF WN 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 © o JURISDICTION AND VENUE 4. This Court has jurisdiction over this action pursuant to Cal. Health & Safety Code § 25249.7, which allows enforcement in any court of competent jurisdiction. The California Superior Court has jurisdiction over this action pursuant to California Constitution Article VI, Section 10, which grants the Superior Court “original jurisdiction in all cases except those given by statute to other trial courts.” The statute under which this is brought does not specify any other court with jurisdiction. 5. This Court has jurisdiction over Defendants because they are business entities that do sufficient business, have sufficient minimum contacts or otherwise intentionally avail themselves of the California market through the sale, marketing, or use of the Products in the California market and/or by having such other contact with California so as to render the exercise of jurisdiction over them by the California courts consistent with traditional notions of fair play and substantial justice. 6. Venue is proper in this Court because, upon information and belief, one or more of the violations arise in San Francisco County. THE PARTIES 7. CAPA is a non-profit corporation organized under the laws of California acting in the interest of the general public seeking to further, among other causes, the protection of the environment, awareness of dangerous chemicals in consumer products, and corporate accountability. CAPA is a “person” within the meaning of Cal. Health & Safety Code § 25249.11(a) and brings this enforcement action in the public interest pursuant to Cal. Health & Safety Code § 25249.7(d). 8. CAPA is informed and believes, and thereon alleges, that Defendant MCC is a California entity, which offers the Products for sale into the state of California. MCC is a “person in the course of doing business” within the meaning of Cal. Health & Safety Code § 25249.11(b). 9. CAPA is unaware of the true names or capacities of the Defendants sued herein under the fictitious names DOES 1-50, but prays for leave to amend and serve such fictitiously named 2 COMPLAINToOo eo nN DH FPF WH NY NY NY NY NN KY YB eH ew eB ee ewe ew Ee or nnvr F BNHHKY DCO MA DA BRB DNH ES © oO Defendants pursuant to California Code of Civil Procedure § 474, once their names and capacities become known. 10. CAPA is informed and believes, and thereon alleges, that each and all of the acts and omissions alleged herein were performed by, or are attributable to, Defendants and DOES 1-50, each acting as the agent for the other, with legal authority to act on the other’s behalf. Upon information and belief, the acts of Defendants were in accordance with, and represent the official policies of Defendants. 11. At all times herein mentioned, upon information and belief, the Defendants, and each of them, ratified each and every act or omission complained of herein. At all times herein mentioned, upon information and belief, Defendants, and each of them, aided and abetted the acts and omissions of each and all the other Defendants proximately causing the damages herein alleged. 12. CAPA is informed and believes, and thereon alleges, that each of Defendants are in some manner intentionally, negligently, or otherwise responsible for the acts, omissions, occurrences, and transactions alleged herein. STATUTORY AND REGULATORY BACKGROUND 13. The People of the State of California declared in Proposition 65 their right "[t]o be informed about exposures to chemicals that cause cancer, birth defects, or other reproductive harm." (Section 1(b) of Initiative Measure, Proposition 65). 14. To effectuate this goal, Proposition 65 requires that individuals be provided with a “clear and reasonable warning” before being exposed to substances listed by the State of California as causing cancer or reproductive toxicity. Cal. Health and Safety Code §25249.6 states, in pertinent part: 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... 15. A product exposure to a chemical is one that “results from a person’s acquisition, purchase, storage, consumption, or other reasonably foreseeable use of a product....:” 27C.C.R. 25600(h). § (h) 3 COMPLAINTCo Or DA BF WY He BNP PRP YP N NN NY Be ee Be ie ee De LD SoYNavrF YVNHFH SOA ANHAARTAH AS 0 O 16. Proposition 65 provides that any “person who violates or threatens to violate” the statute may be enjoined in a court of competent jurisdiction. Cal. Health & Safety Code §25249.7. The phrase “threaten to violate” is defined to mean creating “a condition in which there is a substantial probability that a violation will occur” Cal. Health & Safety Code §25249.11(e). Violators are liable for civil penalties of up to $2,500 per day for each violation of the Act. Cal. Health & Safety Code §25249.7. 17. On December 12, 2007, the Office of Environmental Health Hazard Assessment (“OEHHA”) announced the selection of Marijuana Smoke as a chemical for consideration for listing by the Carcinogen Identification Committee (“CIC”) in the California Regulatory Register. The CIC subsequently determined that Marijuana Smoke has been clearly shown, through scientifically valid testing according to general accepted principles, to cause cancer. Consequently, the State of California officially listed Marijuana Smoke as a chemical known to cause cancer on June 19, 2009, and became subject to the clear and reasonable warning requirement regarding cancer under Proposition 65. 27 C.C.R. §27001(c); Cal. Health & Safety Code §25249,10(b). STATEMENT OF RELEVANT FACTS 18. CAPA purchased the Products on or around July 23, 2018 from MCC. 19. CAPA alleges that MCC has manufactured, grown, processed, marketed, distributed, offered to sell, and/or sold the Products for use and consumption by California consumers 20. The Products are intended to be consumed through combustion and inhalation such that individuals who inhale the Products in such manner are exposed to Marijuana Smoke. 21. MCC knows and intends that consumers will use the products in the manner stated above, and that they will be exposed to Marijuana Smoke through the intended use of the Products. 22. At all times relevant to this action, Defendant, therefore, has knowingly and intentionally exposed the users of the Products to Marijuana Smoke without first giving a clear and reasonable warning to such individuals. 4 COMPLAINTco Oe IN DH BF WH Y/Y NY NY YY NY NN NY DY Be ewe we ee eB ee orm aAYM FY N FH SHO MH AKAAARANH AS 23. CAPA is informed and believes, and thereon alleges, that Defendants have, since August 2017, and continuing through the present, exposed consumers to Marijuana Smoke without providing clear and reasonable warnings regarding the cancer hazards of Marijuana Smoke. 24. As a proximate result of the acts by Defendants, as persons in the course of doing business within the meaning of Health & Safety Code §25249.11, they have subjected consumers to violative exposures through the normal and foreseeable use of the Products. 25. Any person acting in the public interest has standing to enforce violations of Proposition 65 provided that such person has supplied the requisite public enforcers with a valid 60-Day Notice of Violation and such public enforcers are not diligently prosecuting the action with such time. Cal. Health & Safety Code §25249.7(d). 26. On August 17, 2018, CAPA provided a “60-Day Notice of Violation of California Health & Safety Code Section 25249.5 et seq.” (“Notice”) to the California Attorney General, the District Attorneys of every county in California, and the City Attorneys of every California city with a population greater than $750,000.00. Defendant was also provided a copy of the Notice. The Notice included, inter alia, the following information: the name, address, and telephone number of the noticing individual; the name of the alleged violator; the statute violated; the approximate time period during which violations occurred; and descriptions of the violations including the chemicals involved, the routes of toxic exposure, and the specific product or type of product causing the violations. The Notice package to Defendant also included the most recent version of Appendix A, the Final Adopted Regulatory Text for Title 27 of the California Code of Regulations, Section 5903 as amended. In compliance with California Health & Safety Code § 25249.7(d) and 11 C.C.R. §3102, CAPA, Plaintiff provided factual information — on a confidential basis — to the Attorney General sufficient to satisfy basis for the Certificate of Merit, including the testing performed by CAPA, and/or its litigation consultants, and the facts, studies, or other data supporting the Certificate. 27. After expiration of the sixty (60) day notice period, the appropriate public enforcement agencies have failed to commence and diligently prosecute a cause of action under California Health & Safety Code §25249.5 et seq. against Defendant based on the allegations herein. 5 COMPLAINToOo NY DH BF WN NY NY NY YP NY NN NY He eB eB ee ewe ew ewe ek SrA DH FW NH KF GO wMAHA AA RSH TS 28. CAPA has engaged in good faith efforts to resolve the claims alleged herein prior to filing this complaint, and the parties have reached an agreement in principal to seek a stipulated consent judgment, FIRST CAUSE OF ACTION (Injunctive Relief Pursuant to Cal. Health & Safety Code §25249.5 et seq.) 29. CAPA incorporates by reference and re-alleges as if fully stated herein the material allegations set out in paragraphs 1 through 28 inclusive. 30. By committing the acts alleged in this Complaint, Defendant at all times relevant to this action, and continuing through the present, has violated California Health & Safety Code §25249.6 by, in the course of doing business, knowingly and intentionally exposing individuals in California to chemicals known to the State of California to cause cancer without first giving clear and reasonable warnings to such persons who use or consume Marijuana Smoke, pursuant to California Health & Safety Code §§25249.6 and 25249.11(f). 31. By the above-described acts, Defendant has violated California Health & Safety Code §25249.6 and is therefore subject to preliminary and permanent injunctions ordering Defendant to stop violating Proposition 65, to provide warnings to all present and future customers, and to provide warnings to Defendant’s past customers who purchased or used the Products without receiving a clear and reasonable warning. 32. An action for injunctive relief under Proposition 65 is specifically authorized by California Health & Safety Code §25249.7(a). 33. Defendant’s actions in selling the Products without clear and reasonable warnings will irreparably harm the citizens of the State of California, for which harm they have no plain, speedy, or adequate remedy at law. 34. In the absence of preliminary and then permanent injunctive relief, Defendant will continue to create a substantial risk of irreparable injury by continuing to cause consumers to be involuntarily, unknowingly and unwittingly exposed to Marijuana Smoke through the use, and/or consumption of the Products. 6 COMPLAINTCoe IN DH FB WN NY NN NNN NR NN HB Be ewe ewe ee ee ee Sry nn F WN HF SO wA AAA RBDNH HS SECOND CAUSE OF ACTION (Civil Penalties Pursuant to Cal. Health & Safety Code §25249.5 et seq) 35. CAPA incorporates by reference and re-alleges as if fully stated herein the material allegations set out in paragraphs 1 through 34, inclusive. 36. By committing the acts alleged in this Complaint, Defendant at all times relevant to this action, and continuing through the present, has violated California Health & Safety Code §25249.6 by, in the course of doing business, knowingly and intentionally exposing individuals in California to chemicals known to the State of California to cause cancer or reproductive toxicity without first giving clear and reasonable warnings to such persons who use, consume or handle the Products containing Marijuana Smoke, pursuant to California Health & Safety Code §§25249.6 and 25249.11(f). 37, By engaging in the above-described acts, Defendant is liable, pursuant to California Health & Safety Code §25249.7(b), for a civil penalty of up to $2,500 per day per violation for each unlawful exposure to Marijuana Smoke from the Products in an amount in excess of $1 million. PRAYER FOR RELIEF WHEREFORE, CAPA prays for relief and judgment against Defendant follows: As to the Causes of Action 1, A preliminary and permanent injunction, pursuant to California Health & Safety Code Code §25249.7(a), enjoining Defendant, its agents, employees, assigns and all persons acting in concert or participating with Defendant, from manufacturing, distributing, marketing or selling the Products in California without either reformulating the Products or providing a clear and reasonable warning, within the meaning of Proposition 65, that the users and/or consumers of the Products are exposed to Marijuana Smoke; 2. An Order pursuant to California Health & Safety Code §25249.7(a) compelling Defendant to use best methods to identify and locate each individual who purchased the Products during the statutory period, and to provide a warning to such person that the use of the Products will expose them to chemicals known to cause cancer; 7 COMPLAINTCoe IY DH BF WK Ye NY NY NY YN NY KY HY He ew ew Be ee ee or nn F&F WH KF DO we IY DA BR wHNH BS © ° 3. An assessment of civil penalties pursuant to California Health & Safety Code §25249.7(b) against Defendant in the amount of $2,500 per day for each violation of Proposition 65, in an amount to be determined at trial; 4, For an award to CAPA of its reasonable attorneys’ fees and costs of suit incurred herein; and 5. For such equitable or other relief as the Court may deem just and proper. Dated: February 14, 2019 KAWAHITO LAW GROUP APC forneys for Plaintiff ‘CENTER FOR ADVANCED PUBLIC AWARENESS, INC. 8 COMPLAINT© o CM-01 ATTORNEY OR PARTY Wi Saye (Name, State Bar number, and address): FOR COURT USE ONLY | “Yames Kawahito (SBN: 2548519 Kawahito Law Group APC 222 North Pacific Coast Hwy., Suite 2222 El Segundo, CA oe 146. 5300 F TELEPHONE NO: 310-746-: FAX NO: 4. ATTORNEY FOR (Name): Center for Advanced Public Awareness, Inc. Superior Court of California) 7 unty of San Francisco {SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aporess: 400 McAllister St. 142019 mains aporess: 400 Mc Allister St. FEB cry ano zip cove: San Francisco, CA 94102-4514 items 1-6 below must be completed (see instructions on page 2). srancu nae. Civic Center Courthouse CLE! F THE C DURT CASE NAME: BY: —_ Center for Advanced Public Awareness, Inc., v. Mid City Cannabis Club 7 CIVIL CASE COVER SHEET Complex Case Designation OSE “=a - i 9 -5 7 3 706 Unlimited — [—] Limited Oo Oo (Amount (Amount Counter Joinder ose demanded demanded is Filed with first appearance by defendant | “ exceeds $25,000) _ $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionalty Complex Civil Litigation Auto (22) [2] Breach of contractwarranty (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) [J Rute 3.740 cottections (09) 2) antitrustrTrade regulation (03) Other PPDAWD (Personal Injury/Property _ [__] Other collections (09) [J construction defect (10) Damage/Wrongful Death} Tort Insurance coverage (18) Mass tort (40) ‘Asbestos (04) Other contract (37) [J securities titigation (28) Product liability (24) Real Property {J EnvironmentaToxic tort (30) Medical malpractice (45) Eminent domain/Inverse Insurance coverage claims arising from the 2) other puppiwn (23) condemnation (14), above listed provisionally complex case Non-PUPDIWD (Other) Tort [J Wrongful evietion (33) 'ypes (41) [1 Business torvuntair business practice (07) [_] Other real property (26) Enforcement of Judgment [1 civitrignts (08) Unlawful Detainer [J Enforcement of judgment (20) [J defamation (13) CJ commercial (31) Miscellaneous Civil Complaint LJ Fraua (16) [1 Residential (32) 2) rico @7) [J intettectual property (19) CJ Drugs (38) Other complaint (not specified above) (42) [J Professional negligence (25) dudicial Review Miscellaneous Civil Petition Other non-PI/PD/WD tort (35) [J Asset forfeiture (05) Partnership and corporate governance (21) Employment CJ Petition re: arbitration award (11) | Other petition (not specified above) (43) Wrongful termination (36) [J writ of mandate (02) [_]_ other employment (15) [1 _ other judicial review (39) 2. Thisease [_Jis [yJisnot complex under rule 3.400 of the California Rules of Court. if the case is complex, mark the factors requiring exceptional judicial management: a oO Large number of separately represented parties d, OO Large number of witnesses b. CJ Extensive motion practice raising difficult or novel e. CI Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c.C_] Substantial amount of documentary evidence f. | Substantial postjudgment judicial supervision 3. Remedies sought (check ail that apply): a. Ww monetary b. 4. Number of causes of action (specify): 2 5. Thiscase [_Jis isnot a class action suit. nonmonetary; declaratory or injunctive relief ¢. [__]punitive 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015,) BY FAX Date: February 14, 2019 LEGAL LLC James Kawahito > ONE , (TYPE OR PRINT NAME) ZABIGRATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE F ¢ Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. * File this cover sheet in addition to any cover sheet required by local court rule. * If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. © Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. tot age 1 0 Form Adopted for Mandatory Use Cal. Rules of Coun, rules 280, 3220, 3 400-3 403, 3.740, ‘Judicial Counc! of Caifomia CIVIL CASE COVER SHEET ‘Cal. Standards of Jucial Administration, sid. 3.10 (CM-O10 Re. duly 1, 2007] winw.courtinto.ca.govINSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check ‘one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check. the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A “collections case” under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. Auto Tort ‘Auto (22)-Personal Injury/Property Damage/Mrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PUPDIWD (Personal Injury! Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Properly Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice— Physicians & Surgeons Other Professional Health Care Malpractice Other PUPDIWD (23) Premises Liability (e.g.., slip and fall) Intentional Bodily Injury/PD/WD {e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infiction of Emotional Distress Other P/PDWD Non-PIPDIWD (Other) Tort Business Tort/Untair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-P/PO/WD Tort (35) Employment ‘Wrongful Termination (36) Other Employment (15) CM-O10 (Rev. July 1, 2007) CASE TYPES AND EXAMPLES Contract Breach of ContractWarranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) ContractWarranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract) Warranty Other Breach of ContractWarranty Collections (e.g., money owed, open book accounts) (09) , Collection Case-Seller Plaintiff Other Promissory Note/Collections ase Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g. quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landiordtenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal ‘drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus ‘Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmenta/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified ‘above) (42), Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tory/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page2 ora