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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jan-09-2015 10:53 am
Case Number: CGC-15-543578
Filing Date: Jan-09-2015 10:46
Filed by: MARYANN E. MORAN
Juke Box: 001 Image: 04749201
COMPLAINT
LAURENCE VINOCUR VS. EPIC PRODUCTS , INC ET AL
001004749201
Instructions:
Please place this sheet on top of the document to be scanned.© °
SUMMONS
(CITACION JUDICIAL)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
EPIC PRODUCTS, INC.; GELSON'S MARKETS; and DOES 1-100,
inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
LAURENCE VINOCUR
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 letter 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 walver form. If you do not fle 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 allomey
referral service. If you cannot afford an attomey, you may be eligible for free legal servicas from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www. lawhelpcalifornia.org), the Califomia Courts Online Self-Help Center
(www. courtinfo.ca.gov/selfhelp), 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.
ravino! Lg han demandado. ‘Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versi6n. Lea la informacién a
continuacién.
Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacidn y papeles legales para presentar una respuesta por escrito en esta
corte y hacer que s@ entregue una copia al demandante. Una carta o una llamada telefénica no lo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en fa corte. Es posible que haya un formularb que usted pueda usar para su respuesta.
Puede encontrar estos formularios a ls corte y mds informacion en el Centro de Ayuda de las Cortes de Califomia (www. (www.sucorie.ca.gov), en la
biblioteca de leyes de su condado 0 en la corte que le quede més cerca. Si no puede pagar la cuota de presentacitn, pida al secretario de la corte
que le dé un formutario de exencién de pago de cuotas. SI no presenta su respuesta a tiempo, puede perder e! caso por incumplimiento y la corte le
podré quitar su sueldo, dinero y bienes sin mas advertencia.
Hay otros requisitos iegales. Es recomendable que lame a un abogado inmediatamente. Si no conoce @ un abogado, puede llamar a un servicio de
remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legals gratuitos de un
de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services,
(www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con la corte 0 ef
colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y jos costos exentos por imponer un gravamen sobre
cualquier racuperacion 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 /a corte pueda desechar el caso.
The name and address of the court Is:
(El nombre y direccién de ja corte es): SAN FRANCISCO SUPERIOR
400 McAllister Street
San Francisco, CA 94102
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attomey, Is:
(El nombre, la direccién y el niimero de teléfono del abogado de! demandante, o del ge
Steven L. Iriki, 220 Montgomery St., Suite 2100, San Francisco, CA
DATE: ! Clerk,
(Fecha) IWAN 0 9 2015 (aenataro}
(For proof of service of this summons, use Proof of Service of Summons (form
(Para prueba de entrega de esta citatién use el formulario Proof of Service of S4
NOTICE TO THE PERSON SERVED: You are served
4, (2) as an individual defendant.
2. [_] as the person sued under the fictitious name of (specify):
3, [J on behalf of (specify): \
under: L_] CCP 416.10 (corporation) (CCP 416.60 (minor)
(1 CCP 416.20 (defunct corporation) (j CCP 416.70 (conservatee)
[{] CCP 416.40 (association or partnership) [_] CCP 416.90 (authorized person)
[1 other (specify):
4. () by personal delivery on (date):
Form Adopied for Mandatory Use SUMMONS ‘Code of Civil Procedure §§ 412.20, 466
“wonaw. courting. C8. gov
‘Judicial Counc of Caloris
‘SUN100 (Rev. duly 1, 2000]©
9
CM-0:
a Name, number
r Steven be ir (SBN 1an5s3) 7 Sa" Gorm enacts:
MOSCONE EMBLIDGE SATER & OTIS LLP
220 Montgomery Street, Suite 2100
San Francisco, CA 94164 .
texeproneno: (415) 362-3599 axa: (415) 362-2006
laintiff Lawrence Vinocur
‘FOR COURT USE ONLY
sranch nae: Civic Center Courthouse
ATTORNEY FOR (Namo):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO. JAN 0. 9 20 15
street aporess: 400 McAllister Street
MAILING ADDRESS: CLERK OF COURT
cry anozP coos: San Francisco, CA 94102 ae feria of San
FL daabe!
CASE NAME:
Lawrence Vinocur v. Epic Products, Inc., et al.
CIVIL CASE COVER SHEET Complex Case Designation
coated anos C7) counter [7] Joinder _|
demanded demanded Is Filed with first appearance by defendant | “°C
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: _|
items 1-6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case: “|
Auto Tort Contract Provisionally Complex Civil Litigation
Auto (22) Breach of contractwarranty (08) (Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) Rule 3.740 collections (09) C1 Antitrustrtrade regulation (03)
Other PUPDIWD (Personal Injury/Property Other collections (09) Construction defect (10)
DamageWrongful Death) Tort Insurance coverage (18) (1) Mass tort (40)
J Asbestos (04) Other contract (37) ‘Securities litigation (28)
Product liability (24) Real Property Environmental/Toxic tort (30)
TJ Medical matpractice (45) [£1 Eminent domain Insurance coverage claims arising from the
CJ other Pupp (23) condemnation (14) above listed provisionally complex case
Non-PUPD/WD (Other) Tort [J Wrongful eviction (33) ‘types (41)
[J Business tor/unfeir business practice (07) [Other real property (26) Enforcement of Judgment
Civil rights (08) Untawful Detainer Enforcement of judgment (20)
Defamation (13) LJ commercial (31) Miscellaneous Civil Complaint
(2 Fraua (16) TJ Residential (32) RICO (27)
Intellectual property (19) C1 orugs (38) Other complaint (not specified above) (42)
Ss Professional negligence (25) pudicial rev 05) Miscellaneous Civil Petition
Other non-PYPD/WD tort (35) Assat forfeiture Partnership and corporate governance (21
payment Petition re: arbitration award (11) Cj Other petition (not. poco’ above) “) ,
Wrongful termination (36) (1) writ of mandate (02)
Other employment (15) Other review
2. This case Is isnot complex under rule 3.400 of the California Rules of Court. if the case Is complex, mark the
factors requiring exceptional judicial management:
a.) Large number of separately represented parties
b.[_] Extensive motion practice raising difficult or novela.
d. [] Large number of witnesses
[1 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
ce. [_] Substantial amount of documentary evidence f. C2) substantial postjudgment judicial supervision
3. Remedies sought (check al that apply): a.[7] monetary b.[Y_] nonmonetary; declaratory or injunctive relief c. [—Ipunitive
4. Number of causes of action (specify): One (1)
5. Thiscase [_Jis isnot a class action suit.
6. If there are any known related cases, file and serve a notice of related case, (You may use form CM-015.)
: 8, 2015 z “A.
gas. Jan » 4 Die — for Stam [nih
(TYPE OR PRINT NAME) ‘OF AT PARTY)
NO"
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.
‘Counal of
‘M010 (Rev. July 1, 2007] ‘www courtnto.ca.gov3°
CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
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
statistics about the types and numbers of cases filed. You must complete items 4
‘one box for the case type that best descrit
check the more specific one. If the case
To assist you in completing the sheet, ex:
sheet must be filed only with your initial
its counsel, or both to sanctions under rules 2.30 and 3.220 of the Cali
To Parties in Rule 3.740 Collections Cases. A "collections case" under rul
owed in a sum stated to be certain that is not more than $25,000,
paper. Failure to file a cover shi
page 1. This information will be used to compile
through 6 on the sheet. In item 1, you must check
ibes the case. If the case fits both a general and a more specific type of case listed in item 1,
has multiple causes of action, check the box that best indicates the primary cause of action.
amples of the cases that belong under each case type in Item 1 are Provided below. A cover
eet with the first paper filed in a civil case may subject a party,
lifomia Rules of Court.
le 3.740 Is defined as an action for recovery of money
exclusive of interest and attomey’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,
attachment. The identification of a case as a rule 3.740 collectior
time-for-service requirements and case management rules,
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 on!
(4) recovery of personal property, or (5) a prejudgment writ of
ns case on this form means that it will be exempt from the general
unless a defendant files a responsive pleading. A rule 3.740 collections
ly, 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 desigi
complaint on all parties to the action. A defendant mai
nates a case as complex, the cover sheet must be served with the
y 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
jul Death
Uninsured Motorist (46) (if the
ase involves an uninsured
arbitration,
Instead of Auto)
Other PUPDMWD (Personal injury!
Property Damage/Wrongful Death)
Tort
Asbestos (04)
Asbestos Property Damage
Asbestos Personal Injury/
Medical Malpractice—
Physicians & Surgeons
Other Professional Health Care
Ipractice
a .a
A ,
ind fall) $
ar
Intentional Bodily Injury/PD/WD-
{e.g., assault, vandalism)
Intentional infliction of
Emotional Distress
Negligent Infilction of
Emotional Distress.
Other PUPD/WD
Non-PV/PD/WD (Other) Tort
Business Tort/Unfair Business
Practice (07)
Civil Rights (.9., discrimination,
false arrest) (not civil
harassment) (08}
Pefamation (e.g, Sider, libel)
4
Fraud (16)
Intellectual Property (19)
Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice
(not medical or legal)
Other Non-P/PD/WD Tort (35)
em anghl Termination (96)
‘er
Other Employment (15)
(CA+010 [Rev, July 1, 2007)
CASE TYPES AND EXAMPLES
Plant (not fraud or negligence)
Negigent Bioach of Contegy
Warranty
Other Breach of Contract/Warranty
Collections (e.g., money owed, open
book accounts) (09)
Collection Plaintiff
Other Promissory Note/Collections
se
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Eminent Domain/inverse
Condemnation (14)
‘Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
‘of Possession of Real Property
Residential (32)
Drugs (38) (if the case involves egal
drugs, check this item; otherwise,
report as Commercial or Residential)
Judicial Review
Asset Forfeiture (05)
Petition Re: Arbitration Award (11)
Writ-Mandamus on Limited Court
Case Matter
‘Writ-Other Limited Court Case.
Review
Other Judicial Review
Review of Heaith Order
Notice of
Commissioner
CIVIL CASE COVER SHEET
Provisionally Complex Clvil Litigation (Cal.
Rules of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims Involving ass Tort (40)
Environmenta/Toxic Tort (30)
ee Coverage Claims
case type listed above) (a)
Enforcement of Judgment
rata ee
County)
Confession of Judgment (non-
aa gency ‘Award
(not unpaid taxes)
Petition/Certification of |
Workplace Violence
Elder/Dependent Adult
‘Abuse
Election Contest
‘Pagez ofaoO YN DH RF WN
Nb NYP YP YP NR NN DY Be Be ew ee ewe ee ee Be
oN DH FYB NH FHF Go we IA AAR BH AS
© 8
Christopher C. Moscone, State Bar No. 170250
Steven L. Iriki, State Bar No. 142533
Jordan M. Otis, State Bar No. 276274
MOSCONE EMBLIDGE SATER & OTIS LLP F,
220 Montgomery Street, Suite 2100 ae oD
San Francisco, CA 94104 Bin pancisco
Telephone: (415) 362-3599 {
Facsimile: (415) 362-2006 JAN O8 £210
Clifford A. Chanler, State Bar No. 135534 Saputer Goto
THE CHANLER GROUP
2560 Ninth Street
Parker Plaza, Suite 214
Berkeley, CA 94710
Telephone: (510) 848-8880 MA. MORAN
Facsimile: (510) 848-8118
Attorneys for Plaintiff
LAURENCE VINOCUR
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED CIV, 1ae§
LAURENCE VINOCUR, Case No.
Plaintiff,
COMPLAINT FOR CIVIL PENALTIES
v. AND INJUNCTIVE RELIEF
EPIC PRODUCTS, INC. GELSON’S (Health & Safety Code § 25249.6, et seq.)
MARKETS; and DOES 1 -100, inclusive,
Defendants.
OF
Oe
NATURE OF THE ACTION
1. This Complaint is a representative action brought by plaintiff Laurence Vinocur
(“Plaintiff”) in the public interest of the citizens of the State of California to enforce the
citizens’ right to be informed of the presence of lead, a toxic chemical found in shot glasses
with exterior designs sold in California. Lead is a toxic chemical found in a variety of products,
2. By this Complaint, Plaintiff seeks to remedy Defendants’ continuing failures to
warn California citizens about the risk of exposure to lead present in and on shot glasses with
COMPLAINT FOR CIVIL PENALTIES AND 1 Case No.:
INJUNCTIVE RELIEFCo OD IN DH PF we
ee a a a a
orxXN An RE DoH ES
© 9
exterior designs manufactured, distributed, and offered for sale or use to consumers throughout
the State of California.
3. Detectable levels of lead are commonly found in and on shot glasses with
exterior designs that Defendants manufacture, distribute, and offer for sale to consumers
throughout the State of California. /
4, Under the Safe Drinking Water and Toxic Enforcement Act of 1986, codified at
Health & Safety Code § 25249.5 et seq. (“Proposition 65”), “[nJo 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... .” Health & Safety Code § 25249.6.
5. Pursuant to Proposition 65, on February 27, 1987, California identified and listed
Lead as a chemical known to cause birth defects and other reproductive harm. Lead became
subject to the “clear and reasonable warning” requirements of the Proposition 65 one year later
on February 27, 1988.27 Cal. Code Regs. § 27001(c); Health & Safety Code §§ 25249.8 &
25249.10(b).
6. Lead is hereinafter referred to as the “Listed Chemical.”
7. — Defendant Epic Products, Inc. (“Epic”) manufactures, distributes, imports, sells
and/or offers for sale in California shot glasses with exterior designs containing lead without a
warning including, but not limited to, Celebrate the Good Life! Epic Professional Shot Glass,
UPC #0 77757 91110 1. .
8. Defendant Gelson’s’s Markets (““Gelson’s”) manufactures, distributes, imports,
sells and/or offers for sale in California shot glasses with exterior designs containing lead
without a warning including, but not limited to, Celebrate the Good Life! Epic Professional
Shot Glass, UPC #0 77757 91110 1.
9. All products containing the Listed Chemicals as identified in paragraphs 7 and 8
above shall hereinafter be referred to as the “Products.”
10. Defendants’ failures to warn consumers and/or other individuals and workers
(specifically those not subject to California's Occupational Health Act, Labor Code section
COMPLAINT FOR CIVIL PENALTIES AND 2 Case No.:
INJUNCTIVE RELIEFoC Om IN Dw
10
i
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
© Qo
6300 et seq. or exempted under the out-of-state manufacturer rule) in the State of California
about their exposures to the Listed Chemical in conjunction with Defendants’ sales of the
Produets, is a violation of Proposition 65 and subjects Defendants to enjoinment of such
conduct as well as civil penalties for each violation. Health & Safety Code § 25249.7(a) &
(b)(1).
11. For Defendants’ violations of Proposition 65, Plaintiff seeks preliminary and
permanent injunctive relief to compel Defendants to provide purchasers or users of the
Products with the required warning regarding the health hazards of the Listed Chemical in the
Products. Health & Safety Code § 25249.7(a).
12, Pursuant to Health & Safety Code § 25249.7(b), Plaintiff also seeks civil
penalties against Defendants for their violations of Proposition 65.
PARTIES
13. Plaintiff Laurence Vinocur (“Plaintiff”) is a citizen of the State of California who
is dedicated to protecting the health of California citizens through the elimination or reduction
of toxic exposures from consumer products, and he brings this action in the public interest
pursuant to Health & Safety Code § 25249.7(d).
14. Defendant Epic is a “person in the course of doing business” within the meaning
of Health & Safety Code §s 25249.6 and 25249.11.
15. Epic manufactures, imports, distributes, sells, and/or offers the Products for sale
or use in the State of California, or implies by its conduct that it manufactures, imports,
distributes, sells, and/or offers the Products for sale or use in the State of California.
16. Defendant Gelson’s is a “person in the course of doing business” within the
meaning of Health & Safety Code §s 25249.6 and 25249.11.
17. Gelson’s manufactures, imports, distributes, sells, and/or offers the Products for
sale or use in the State of California, or implies by its conduct that it manufactures, imports,
distributes, sells, and/or offers the Products for sale or use in the State of California.
18. Defendants Does 1 -100 are each “persons in the course of doing business”
within the meaning of Health & Safety Code § 25249.11(b), which manufacture, distribute,
COMPLAINT FOR CIVIL PENALTIES AND 3 Case No.:
INJUNCTIVE RELIEFco Oo ND Hh BW DY
YP NY NY NNR NY DN SY HB Be Be ew Be Se eB es
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sell, and/or offer the Products for sale in the State of California. At this time, the true names
and capacities of defendants Does 1 through 100, inclusive, are unknown to Plaintiff, who,
therefore, sues said defendants by their fictitious names pursuant to Code of Civil Procedure
section 474. Plaintiff is informed and believes, and on that basis alleges, that each of the
fictitiously named defendants is responsible for the acts and occurrences alleged herein. When
ascertained, their true names and capacities shall be reflected in an amended complaint.
19. Defendants Epic, Gelson’s, and Does 1 -100 are collectively referred to herein as
“Defendants.”
NUE SDICTION
20. Venue is proper in San Francisco Superior Court, pursuant to Code of Civil
Procedure sections 393, 395, and 395.5, because this Court is a court of competent jurisdiction,
because Plaintiff seeks civil penalties against Defendants, because one or more instances of
wrongful conduct occurred, and continue to occur, in the City and County of San Francisco,
and/or because Defendants conducted, and continue to conduct, business in this county with
respect to the Products.
21. 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 causes except those given by statute to other trial courts.” The statute under
which this action is brought does not specify any other basis of subject matter jurisdiction.
22. The California Superior Court has jurisdiction over Defendants based on
Plaintiff's information and good faith belief that each of the Defendants is a person, firm,
corporation, or association that is a citizen of the State of California, has sufficient minimum
contacts in the State of California, and/or otherwise purposefully avails itself of the California
market. Defendants’ purposeful availment of California as a marketplace for the Products
renders the exercise of personal jurisdiction by California courts over Defendants consistent
with traditional notions of fair play and substantial justice.
COMPLAINT FOR CIVIL PENALTIES AND 4 Case No.:
INJUNCTIVE RELIEFCo em YN DH BF WKH oe
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© 9
FIRST CAUSE OF ACTION
(Violation of Proposition 65 - Against All Defendants)
23. — Plaintiff re-alleges and incorporates by reference, as if fully set forth herein,
Paragraphs 1 through 22, inclusive.
24, In enacting Proposition 65, in the preamble to the Safe Drinking Water and
Toxic Enforcement Act of 1986, the People of California expressly declared their right “[t]o be
informed about exposures to chemicals that cause cancer, birth defects, or other reproductive
harm.”
25. Proposition 65 states, “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 ....” Health & Safety Code § 25249.6.
26. On October 24, 2014, Plaintiff's sixty-day notice of violation, together with the
requisite certificate of merit, was served on International Greetings and certain public
prosecutors stating that, as a result of Defendants’ sales of the Products containing lead,
purchasers and users in the State of California were being exposed to lead resulting from their
reasonably foreseeable use of the Products, without the individual purchasers and users first
having been provided with a “clear and reasonable warming” regarding such toxic exposures, as
required by Proposition 65. This notice is attached hereto as Exhibit A.
27. Defendants have engaged in the manufacture, importation, distribution, sale, and
offering of the Products for sale or use in violation of Health & Safety Code § 25249.6, and
Defendants’ violations have continued to occur beyond their receipt of Plaintiff's sixty-day
notice of violation. As such, Defendants’ violations are ongoing and continuous in nature, and
will continue to occur in the future.
28. After receiving Plaintiff's sixty-day notice of violation, the appropriate public
prosecutors have failed to commence and diligently prosecute a cause of action against
Defendants under Proposition 65.
COMPLAINT FOR CIVIL PENALTIES AND 5 Case No.:
INJUNCTIVE RELIEF© 9
29. The Products manufactured, imported, distributed, sold, and offered for sale or
use in California by Defendants contain the Listed Chemical such that they require a “clear and
reasonable” warning under Proposition 65.
30. Defendants knew or should have known that the Products they manufacture,
import, distribute, sell, and offer for sale or use in California contain the Listed Chemical.
31. The Listed Chemical is present in or on the Products in such a way as to expose
individuals to the Listed Chemical through dermal contact and/or ingestion during reasonably
foreseeable use of the Products including through workplace exposure to the Products.
32. The normal and reasonably foreseeable uses of the Products have caused, and
continue to cause, consumer exposures to the Listed Chemical, as such exposures are defined
by the California Code of Regulations Title 27, section 25602(b).
33. Defendants had knowledge that the normal and reasonably foreseeable uses of
the Products expose individuals to the Listed Chemical through dermal contact and/or
ingestion.
34. Defendants intended that such exposures to the Listed Chemical from the
reasonably foreseeable uses of the Products would occur by Defendants’ deliberate, non-
accidental participation in the manufacture, importation, distribution, sale, and offering of the
Products for sale or use to individuals in the State of California.
35. Defendants failed to provide a “clear and reasonable warning” to those
consumers and other individuals in the State of Califomia who were or who would become
exposed to the Listed Chemical through dermal contact and/or ingestion during the reasonably
foreseeable uses of the Products including through workplace exposure to the Products.
36. Contrary to the express policy and statutory prohibition of Proposition 65
enacted directly by California voters, individuals exposed to the listed chemical through dermal
contact and/or ingestion resulting from the reasonably foreseeable uses of the Products
including through workplace exposure to the Products sold by Defendants without a “clear and
reasonable warning,” have suffered, and continue to suffer, irreparable harm for which they
have no plain, speedy, or adequate remedy at law.
COMPLAINT FOR CIVIL PENALTIES AND 6 Case No.:
INJUNCTIVE RELIEFoO °
37. Pursuant to Health & Safety Code § 25249.7(b), as a consequence of the above-
described acts, Defendants are liable for a maximum civil penalty of $2,500 per day for each
violation. .
38. Asaconsequence of the above-described acts, Health & Safety Code
§ 25249.7(a) also specifically authorizes the Court to grant injunctive relief against Defendants.
PRAYER FOR RELIEF
Wherefore, Plaintiff prays for judgment against Defendants, and each of them, as
follows:
1. That the Court, pursuant to Health & Safety Code § 25249.7(b), assess civil
penalties against Defendants in the amount of $2,500 per day for each violation;
2. That the Court, pursuant to Health & Safety Code § 25249.7(a), preliminarily
and permanently enjoin Defendants from manufacturing, distributing, or offering the Products
for sale or use in California without first providing a “clear and reasonable warning” as defined.
by the California Code of Regulations title 27, section 25601 et seq., as to the harms associated
with exposures the Listed Chemical;
3. That the Court, pursuant to Health & Safety Code § 25249.7(a), issue
preliminary and permanent injunctions mandating that Defendants recall all Products currently
in the chain of commerce in California without a “clear and reasonable warning” as defined by
California Code of Regulations title 27, section 25601 et seq.;
4. That the Court grant Plaintiff his reasonable attorneys’ fees and costs of suit; and
5. That the Court grant such other and further relief as may be just and proper.
Dated: January 8, 2015 Respectfully Submitted,
MOSCONE EMBLIDGE SATER & OTIS LLP
py LD ln for Seemed fib
Steven L. Iriki
Attorneys for Plaintiff LAURENCE VINOCUR
COMPLAINT FOR CIVIL PENALTIES AND 7 Case No.:
INJUNCTIVE RELIEFEXHIBIT "4"Exhibit A© °o
60-DAY NOTICE OF VIOLATION
SENT IN COMPLIANCE WITH CALIFORNIA HEALTH & SAFETY CODE § 25249.7(d)
DATE: October 24, 2014
To: Steve Dubow, President — Epic Products, Inc.
Rob McDougall, President — Gelson’s Markets
California Attorney General’s Office;
District Attorney’s Office for 58 Counties; and
City Attorneys for San Francisco, San Diego, San Jose, Sacramento and Los Angeles
FRoM: Laurence Vinocur
. INTRODUCTION
My name is Laurence Vinocur. I am a citizen of the State of California acting in the interest of the
general public. I seek to promote awareness of exposures to toxic chemicals in products sold in
California and, if possible, to improve human health by reducing hazardous substances contained in such
items. This Notice is provided to the public agencies listed above pursuant to California Health &
Safety Code § 25249.6 et seq. (“Proposition 65”). As noted above, notice is also being provided to the
alleged violators, Epic Products, Inc. and Gelson’s Markets (the “Violators”). The violations covered by
this Notice consist of the product exposures, routes of exposure, and type of harm potentially resulting
from exposure to the toxic chemical (“listed chemical”) identified below, as follows:
Product Exposure: See Section VII. Exhibit A
Listed Chemical: Lead
Routes of Exposure: Ingestion, Dermal
Types of Harm: Birth Defects and Other Reproductive Harm
U. NATURE OF ALLEGED VIOLATION (PRODUCT EXPOSURE
The specific type of product that is causing consumer and occupational exposures in violation of
Proposition 65, and that is covered by this Notice, is listed under “Product Category/Type” in Exhibit A
in Section VII below. All products within the category covered by this Notice shall be referred to
hereinafter as the “products.” Exposures to the listed chemical from the use of the products have been
occurring without the clear and reasonable warning required by Proposition 65, dating as far back as
October 24, 2011. Without proper warnings regarding the toxic effects of exposures to the listed
chemical resulting from contact with the products, California citizens lack the information necessary to
make informed decisions on whether and how to eliminate (or reduce) the risk of exposure to the listed
chemical from the reasonably foreseeable use of the products,
2584102 Poge !o °
A. CONSUMER PRODUCT EXPOSURE
California consumers, through the act of buying, acquiring or utilizing the products, are exposed
to the listed chemical. By way of example but not limitation, exposures occur when California
citizens use, display, clean, repair, pack, unpack, arrange, store or otherwise handle the products.
These tasks cause consumers to be exposed directly or indirectly through the routine touching of
the parts or portions of the products containing readily available surface amounts of the listed
chemical. Additionally, exposure can occur through the routine touching and ingesting of other
materials that are contaminated with the listed chemical from the products as a result of these
tasks. People likely to be exposed include adults. :
B. OCCUPATIONAL EXPOSURE
Similarly, men and women in California use or otherwise handle the products as a part of their
jobs and are, therefore, subject to occupational exposures to the listed chemical. Employees are
exposed at any California business locations of the apparent manufacturer, distributor and
retailer (and their agents, assigns and divisions) as well as all other California locations where
the products, or the component parts thereof that include the listed chemical are, by way of
example but not limitation, used as a drinking vessel, packed, unpacked, labeled, arranged,
displayed, cleaned, stocked, stored, or otherwise handled. These tasks cause employee exposure
directly and/or indirectly to the listed chemical through the routine touching of the parts or
portions of the products containing readily available amounts of the listed chemical on the
surface. Additionally, exposure can occur through the routine touching and ingesting of other
materials that are contaminated with the listed chemical from the products as a result of these
tasks. These products are also used by sole proprietors and other persons in settings not covered
by the federal Occupational Safety Health Act (“OSHA”). This Notice alleges the violation of
Proposition 65 with respect to occupational exposure governed by the California State Plan for
Occupational Safety and Health (the “State Plan”). The State Plan incorporates the provisions of
Proposition 65, as approved by OSHA on June 6, 1997. This approval specifically placed certain
conditions with regard to occupational exposures on Proposition 65, including that it does not
apply to the conduct of manufacturers occurring outside the State of California. The approval
also provides that an employer may use the means of compliance contained in the general hazard
communication requirement to comply with Proposition 65. It also requires that supplemental
enforcement is subject to the supervision of the California Occupational Safety and Health
Administration. Accordingly, any settlement, civil complaint, or substantive court orders in this
matter must be submitted to the California Attomey General.
CONTACT INFORMATION
Please direct all questions concerning this notice to me through my counsel’s office at the following
address: ‘
Laurence Vinocur
c/o Josh Voorhees
The Chanler Group
Parker Plaza
2560 Ninth Street, Suite 214
Berkeley, CA 94710
Telephone: (510) 848-8880
F2584102-— Poge 2© °o
IV. PROPOSITION 65 INFORMATION
For general information concerning the provisions of Proposition 65, please feel free to contact the
Office of Environmental Health Hazard Assessment’s (“OEHHA”) Proposition 65 Implementation
Office at (916) 445-6900. For the Violators’ reference, I have attached a copy of “Proposition 65: A
Summary” which has been prepared by OEHHA.
Vv. RESOLUTION OF NOTICED CLAIMS
Based on the allegations set forth in this Notice, | intend to file a citizen enforcement lawsuit against the
alleged Violators unless such Violators enter into a binding written agreement to: (1) recall products
already sold or undertake best efforts to ensure that the requisite health hazard warnings are provided to
those who have received such products; (2) provide clear and reasonable warnings for products sold in
the future or reformulate such products to eliminate the exposures; and (3) pay an appropriate civil
penalty based on the factors enumerated in California Health & Safety Code § 25249.7(b). If the alleged
Violators are interested in resolving this dispute without resorting to time-consuming and expensive
litigation, please feel free to contact my counsel identified in Section III above. It should be noted that
neither my counsel nor I can: (1) finalize any settlement until after the 60-day notice period has expired;
nor (2) speak for the Attorney General or any district or city attorney who received this Notice.
Therefore, while reaching an agreement with me will resolve my claims, such agreement may not satisfy
the public prosecutors.
Vi. ADDITIONAL NOTICE INFORMATION
Identified below is a specific example of a product recently purchased and witnessed as being available
for purchase or use in California that is within the category or type of offending product covered by this
Notice. Based on publicly available information, the retailers, distributors and/or manufacturers of the
example within the category or type of product are also provided below. I believe and allege that the
sale of the offending products also has occurred without the requisite Proposition 65 “clear and
reasonable warning” at one or more locations and/or via other means including, but not limited to,
transactions made over-the-counter, business-to-business, through the internet and/or via a catalog by
the Violators and other retailers and distributors of the manufacturer.
Product*
Celebrate the Good Life!
Epic Professional Shot
Glass,
UPC #0 77757 911101
Manufacturer(s)/Distributor(s)
Epic Products, Inc.
Retailer(s)
Gelson’s Markets
Los Angeles County, Southern California
F2584102 Page 3Vil, EXHIBIT A
Product Categoi Such As*
Shot Glasses with Exterior Celebrate the Good Life! Epic
Designs Professional Shot Glass,
UPC #0 77757 911101
po
*The specifically identified example of the type of product that is subject to this Notice is for the recipients’ benefit to assist
| in their investigation of, among other things, the magnitude of potential exposures to the listed chemical from other items
within the product category/type listed in Exhibit A. It is important to note that this example is not meant to be an exhaustive
or comprehensive identification of each specific offending product of the type listed under “Product Category/Type” in
Exhibit A. Further, it is this citizen’s position that the alleged Violators are obligated to continue to conduct in good faith an
investigation into other specific products within the type or category described above that may have been manufactured,
distributed, sold, shipped, stored (or otherwise within the notice recipients’ custody or control) during the relevant period so
as to ensure that the requisite toxic warnings were and are provided to California citizens prior to purchase.
F2584102. Page 4PROOF OF SERVICE
I, the undersigned, declare under penalty of perjury:
T am over the age of 18 years, and not a party to the within action; my business address is Parker
Plaza, 2560 Ninth Street, Suite 214, Berkeley, CA 94710.
On October 24, 2014, I served the following documents:
60-DAY NOTICE OF VIOLATION SENT IN COMPLIANCE WITH
HEALTH & SAFETY CODE § 25249.7(d);
PROPOSITION 65: A SUMMARY;
CERTIFICATE OF MERIT; AND
CERTIFICATE OF MERIT ATTACHMENTS (SERVED ONLY ON THE
ATTORNEY GENERAL)
on the entities listed below via First Class Certified Mail through the United States Postal Service by
placing a true and correct copy in a sealed envelope, addressed to the entities listed below and providing
each envelope to a United States Postal Service Representative:
Steve Dubow, President Rob McDougall, President Rob McDougall, President
Epic Products, Inc. Gelson’s Markets Gelson’s Markets
3100 South Susan Street 16400 Ventura Boulevard, Suite 240 P.O. Box 1802
Santa Ana, CA 92704 Encino, CA 91436 Encino, CA 91426
as well as by providing copies of the above documents electronically uploaded to the public enforcers
according to directions from their respective offices, and/or by placing a true and correct copy in a
sealed envelope, addressed to each party listed below, and served as follows:
Electronically Uploaded to the Attorney The Attorney General of the State of
General’s website: California;
By placing each envelope in a United The District Attorney for Each of the 58
States Postal Service mailbox, postage counties in California; and
prepaid:
The City Attorney for Los Angeles, San
Diego, San Jose, San Francisco and
Sacramento
A list of addresses for each of these recipients is attached.
Executed on October 24, 2014, at Berkeley, California.
Loy
Caroline Pak
F2584102 Page S© °
CERTIFICATE OF MERIT
Health and Safety Code Section 25249.7(d)
I, Clifford A. Chanler, hereby declare:
1,
This Certificate of Merit accompanies the attached sixty-day notice in which it is
alleged that the parties identified in the notice have violated Health and Safety Code
§ 25249.6 by failing to provide clear and reasonable warnings;
Tam the attorney for the noticing party;
Thave consulted with one or more persons with relevant and appropriate experience
or expertise who has reviewed facts, studies, or other data regarding the alleged
exposure to the listed chemical that is the subject of this action;
Based on the information obtained through those consultations, and on all other
information in my possession, I believe there is a reasonable and meritorious case for
the private action. I understand that “reasonable and meritorious case for the private
action” means that the information provides a credible basis that all elements of the
plaintiff's case can be established and the information did not prove that the alleged
Violators will be able to establish any of the affirmative defenses set forth in the
statute;
The copy of this Certificate of Merit served on the Attorney General attaches to it
factual information sufficient to establish the basis for this certificate, including
information identified in Health and Safety Code § 25249.7(h)(2) (i.e., (1) the identity
of the persons consulted with and relied on by the certifier, and (2) the facts, studies,
or other data reviewed by those persons).
Dated: October 24, 2014 C of A CU.
Clifford A. Chanler
F25e4102 Page‘The Honorable Nancy O'Malley
‘Alameda County District Attorney
1225 Fallon Street, Room 900
Oakland, CA 94612
‘The Honorable Terese Drabec
Alpina County District Atlomey
270 Laramie Streat, PO BOX 248
Marklesville, CA 96120
‘The Honorable Todd Rlebe
‘Amacior County District Atlomey
708 Court Street
Jackson, CA 95642
The Honorable Michael Ramsey
Butte County District Atomey
25 County Center Drive
Oroville, CA 95865
‘The Honorable Barbara Yok
Calaveras County District Attomey
881 Mountain Ranch Road
‘San Andreas, CA 95249
‘The Honorable John R. Poyner
Colusa County District Attorney
‘U6 Fifth Street
Colusa, CA 95932
‘The Honorable Mark Peterson
Contra Costa County District Attorney
900 Ward Street
Martinez, CA 84553
‘The Honorable Jon Alexander
Del Norte County District Attorney
981 H Street
Crescent City, CA 95531
‘The Honorable Vernon Pierson
1 Dorado County District Attomey
515 Main Street
Placerville, CA 95667
‘The Honorabe Etzabath Egan
Fresno istrict Attomey
2220 Tulare Street, #1000
Fresno, CA 99721
Imperial County District Atlomey
‘940 West Main Street, Sulte 102
E} Centro, CA 82243
The Honorable Arthur Maitat
Inyo County District Attorney
P.O. Drawer D
Independence, CA 93526
‘The Honorable Lisa Green
Kem County District Atiomey
41215 Truxtun Avenue
Bakersfield, CA 93301
‘The Honorable Greg Stickiand
Kings County District Attomey
1400 West Lacey Boulevard
Hanford, CA 93230
‘The Honorable Donsld Anderson
Lake. District Attorney
255 North Forbes Street
Lakeport, CA 95453
oO
Oo
SERVICE LIST
‘The Honorable Robert Bums
Lassen County District Attorney
2208. Lassen Street, Sia, 8
‘Susanville, CA 96130
‘The Honorable Steve Cooley
Los Angeles County District Atiomoy
210 West Temple Street, Suite 18000
Los Angeles, CA 90012
The Honorable Michael Keitz
‘Madera County District Attomey
209 West Yosemite Avenue
Madera, CA 93637
‘The Honorable Edward Berberian
‘Marin County District Attorney
‘3501 Civic Center Drive, Room 130
‘San Rafael, CA 94903,
‘The Honorable Robert Brown
Mariposa County District Attomey
5101 Jones Street, P.O. Box 730
Mariposa, CA 95338
10810 Justice Center Drive, Suite 240
Roseville, CA 95678
‘The Honorable David Hollister
Piumas County District Attorney
520 Main Street, Room 404
Quincy, CA 95871
‘Tha Honorable Paul Zellerbach ~
Riverside County District Attomey
‘3960 Orange Street
Riverside, CA 92501
‘The Honorable Jan Scully
‘Secramento County District Atlomey
901 G Street
‘Sacramento, CA.95614
‘The Honorable Candice Hooper
‘San Benito County District Attomey
‘419 4 Street, Second Floor
Hollcter, CA 95203
‘The Honorable Miche! Ramos
‘San Bernardino County District Attomey
316.N. Mountain View Avenue
‘San Bemardino, CA 92415
‘The Honorable James Witt
‘San Joaquin County Dietrict Attorney
P.O, Box 990
‘Stockton, CA 95201
‘The Honorable Gerald Shes
‘San Luis Obispo County District Attomey
1036 Palm Street
‘San Luis Obispo, CA 93408
‘The Honorable Stephen Wastaffe
‘San Mateo County Distrct Atlomey
‘400 County Center, Third Floor
Redwood City, CA 4063
oar Barbara County District.
Santa
{t12'Sania Suber Suet
Senta Barbara, CA 93101
The Honorabe Jefey Rosen
‘Santa Clara County District Attomey
70 West Hedding Street, West Wing
San Jose, CA 95110
‘The Honorable Bob Lee
‘Santa Cruz County District Attomey
701 Ocean Straet, Room 200
‘Santa Cruz, CA 95080
‘The Honorable Stephen Cariton
‘Shasta County Distict Atormey
1355 West Street
Redding, CA 96001
‘Tha Honorable Lawrence Allen
‘Sierra County District Attomey
The Honorable Gregg Cohen
Fehama County District Attorney
444 Ook Stet Room
Red Bluff, CA 96080
‘The Honorable Michael 8. Herper
‘Trinity County District Attomey
PO Box 310
Weavervile, CA 96093
poem
Sn
221 South Mooney Boulevard, Suite 224
ena
Office of the City Attomey, San Diego
41200 Third Avanwe, Suite 1620
San Diego, CA 82101
‘The Honorable Eileen M. Telchert
Office of the City Attomey, Sacramento
8161 Street, 4" Floor
Sacramento, CA 95814
‘The Honorable Dennis J. Herrera
Office of the City Atiomey, San Francisca -
City Hall, Room 234
1515 Clay Street, Suite 2000
(Cakiand, CA 94812-0550
Preview
OA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jan-09-2015 10:53 am Case Number: CGC-15-543578 Filing Date: Jan-09-2015 10:46 Filed by: MARYANN E. MORAN Juke Box: 001 Image: 04749201 COMPLAINT LAURENCE VINOCUR VS. EPIC PRODUCTS , INC ET AL 001004749201 Instructions: Please place this sheet on top of the document to be scanned.© ° SUMMONS (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): EPIC PRODUCTS, INC.; GELSON'S MARKETS; and DOES 1-100, inclusive YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): LAURENCE VINOCUR 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 letter 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 walver form. If you do not fle 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 allomey referral service. If you cannot afford an attomey, you may be eligible for free legal servicas from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www. lawhelpcalifornia.org), the Califomia Courts Online Self-Help Center (www. courtinfo.ca.gov/selfhelp), 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. ravino! Lg han demandado. ‘Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versi6n. Lea la informacién a continuacién. Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacidn y papeles legales para presentar una respuesta por escrito en esta corte y hacer que s@ entregue una copia al demandante. Una carta o una llamada telefénica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en fa corte. Es posible que haya un formularb que usted pueda usar para su respuesta. Puede encontrar estos formularios a ls corte y mds informacion en el Centro de Ayuda de las Cortes de Califomia (www. (www.sucorie.ca.gov), en la biblioteca de leyes de su condado 0 en la corte que le quede més cerca. Si no puede pagar la cuota de presentacitn, pida al secretario de la corte que le dé un formutario de exencién de pago de cuotas. SI no presenta su respuesta a tiempo, puede perder e! caso por incumplimiento y la corte le podré quitar su sueldo, dinero y bienes sin mas advertencia. Hay otros requisitos iegales. Es recomendable que lame a un abogado inmediatamente. Si no conoce @ un abogado, puede llamar a un servicio de remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legals gratuitos de un de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con la corte 0 ef colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y jos costos exentos por imponer un gravamen sobre cualquier racuperacion 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 /a corte pueda desechar el caso. The name and address of the court Is: (El nombre y direccién de ja corte es): SAN FRANCISCO SUPERIOR 400 McAllister Street San Francisco, CA 94102 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attomey, Is: (El nombre, la direccién y el niimero de teléfono del abogado de! demandante, o del ge Steven L. Iriki, 220 Montgomery St., Suite 2100, San Francisco, CA DATE: ! Clerk, (Fecha) IWAN 0 9 2015 (aenataro} (For proof of service of this summons, use Proof of Service of Summons (form (Para prueba de entrega de esta citatién use el formulario Proof of Service of S4 NOTICE TO THE PERSON SERVED: You are served 4, (2) as an individual defendant. 2. [_] as the person sued under the fictitious name of (specify): 3, [J on behalf of (specify): \ under: L_] CCP 416.10 (corporation) (CCP 416.60 (minor) (1 CCP 416.20 (defunct corporation) (j CCP 416.70 (conservatee) [{] CCP 416.40 (association or partnership) [_] CCP 416.90 (authorized person) [1 other (specify): 4. () by personal delivery on (date): Form Adopied for Mandatory Use SUMMONS ‘Code of Civil Procedure §§ 412.20, 466 “wonaw. courting. C8. gov ‘Judicial Counc of Caloris ‘SUN100 (Rev. duly 1, 2000]© 9 CM-0: a Name, number r Steven be ir (SBN 1an5s3) 7 Sa" Gorm enacts: MOSCONE EMBLIDGE SATER & OTIS LLP 220 Montgomery Street, Suite 2100 San Francisco, CA 94164 . texeproneno: (415) 362-3599 axa: (415) 362-2006 laintiff Lawrence Vinocur ‘FOR COURT USE ONLY sranch nae: Civic Center Courthouse ATTORNEY FOR (Namo): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO. JAN 0. 9 20 15 street aporess: 400 McAllister Street MAILING ADDRESS: CLERK OF COURT cry anozP coos: San Francisco, CA 94102 ae feria of San FL daabe! CASE NAME: Lawrence Vinocur v. Epic Products, Inc., et al. CIVIL CASE COVER SHEET Complex Case Designation coated anos C7) counter [7] Joinder _| demanded demanded Is Filed with first appearance by defendant | “°C exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: _| items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: “| Auto Tort Contract Provisionally Complex Civil Litigation Auto (22) Breach of contractwarranty (08) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 collections (09) C1 Antitrustrtrade regulation (03) Other PUPDIWD (Personal Injury/Property Other collections (09) Construction defect (10) DamageWrongful Death) Tort Insurance coverage (18) (1) Mass tort (40) J Asbestos (04) Other contract (37) ‘Securities litigation (28) Product liability (24) Real Property Environmental/Toxic tort (30) TJ Medical matpractice (45) [£1 Eminent domain Insurance coverage claims arising from the CJ other Pupp (23) condemnation (14) above listed provisionally complex case Non-PUPD/WD (Other) Tort [J Wrongful eviction (33) ‘types (41) [J Business tor/unfeir business practice (07) [Other real property (26) Enforcement of Judgment Civil rights (08) Untawful Detainer Enforcement of judgment (20) Defamation (13) LJ commercial (31) Miscellaneous Civil Complaint (2 Fraua (16) TJ Residential (32) RICO (27) Intellectual property (19) C1 orugs (38) Other complaint (not specified above) (42) Ss Professional negligence (25) pudicial rev 05) Miscellaneous Civil Petition Other non-PYPD/WD tort (35) Assat forfeiture Partnership and corporate governance (21 payment Petition re: arbitration award (11) Cj Other petition (not. poco’ above) “) , Wrongful termination (36) (1) writ of mandate (02) Other employment (15) Other review 2. This case Is isnot complex under rule 3.400 of the California Rules of Court. if the case Is complex, mark the factors requiring exceptional judicial management: a.) Large number of separately represented parties b.[_] Extensive motion practice raising difficult or novela. d. [] Large number of witnesses [1 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 ce. [_] Substantial amount of documentary evidence f. C2) substantial postjudgment judicial supervision 3. Remedies sought (check al that apply): a.[7] monetary b.[Y_] nonmonetary; declaratory or injunctive relief c. [—Ipunitive 4. Number of causes of action (specify): One (1) 5. Thiscase [_Jis isnot a class action suit. 6. If there are any known related cases, file and serve a notice of related case, (You may use form CM-015.) : 8, 2015 z “A. gas. Jan » 4 Die — for Stam [nih (TYPE OR PRINT NAME) ‘OF AT PARTY) NO" 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. ‘Counal of ‘M010 (Rev. July 1, 2007] ‘www courtnto.ca.gov3° CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET 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 statistics about the types and numbers of cases filed. You must complete items 4 ‘one box for the case type that best descrit check the more specific one. If the case To assist you in completing the sheet, ex: sheet must be filed only with your initial its counsel, or both to sanctions under rules 2.30 and 3.220 of the Cali To Parties in Rule 3.740 Collections Cases. A "collections case" under rul owed in a sum stated to be certain that is not more than $25,000, paper. Failure to file a cover shi page 1. This information will be used to compile through 6 on the sheet. In item 1, you must check ibes the case. If the case fits both a general and a more specific type of case listed in item 1, has multiple causes of action, check the box that best indicates the primary cause of action. amples of the cases that belong under each case type in Item 1 are Provided below. A cover eet with the first paper filed in a civil case may subject a party, lifomia Rules of Court. le 3.740 Is defined as an action for recovery of money exclusive of interest and attomey’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, attachment. The identification of a case as a rule 3.740 collectior time-for-service requirements and case management rules, 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 on! (4) recovery of personal property, or (5) a prejudgment writ of ns case on this form means that it will be exempt from the general unless a defendant files a responsive pleading. A rule 3.740 collections ly, 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 desigi complaint on all parties to the action. A defendant mai nates a case as complex, the cover sheet must be served with the y 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 jul Death Uninsured Motorist (46) (if the ase involves an uninsured arbitration, Instead of Auto) Other PUPDMWD (Personal injury! Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Medical Malpractice— Physicians & Surgeons Other Professional Health Care Ipractice a .a A , ind fall) $ ar Intentional Bodily Injury/PD/WD- {e.g., assault, vandalism) Intentional infliction of Emotional Distress Negligent Infilction of Emotional Distress. Other PUPD/WD Non-PV/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (.9., discrimination, false arrest) (not civil harassment) (08} Pefamation (e.g, Sider, libel) 4 Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-P/PD/WD Tort (35) em anghl Termination (96) ‘er Other Employment (15) (CA+010 [Rev, July 1, 2007) CASE TYPES AND EXAMPLES Plant (not fraud or negligence) Negigent Bioach of Contegy Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Plaintiff Other Promissory Note/Collections se Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Eminent Domain/inverse Condemnation (14) ‘Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) ‘of Possession of Real Property Residential (32) Drugs (38) (if the case involves egal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ-Mandamus on Limited Court Case Matter ‘Writ-Other Limited Court Case. Review Other Judicial Review Review of Heaith Order Notice of Commissioner CIVIL CASE COVER SHEET Provisionally Complex Clvil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving ass Tort (40) Environmenta/Toxic Tort (30) ee Coverage Claims case type listed above) (a) Enforcement of Judgment rata ee County) Confession of Judgment (non- aa gency ‘Award (not unpaid taxes) Petition/Certification of | Workplace Violence Elder/Dependent Adult ‘Abuse Election Contest ‘Pagez ofaoO YN DH RF WN Nb NYP YP YP NR NN DY Be Be ew ee ewe ee ee Be oN DH FYB NH FHF Go we IA AAR BH AS © 8 Christopher C. Moscone, State Bar No. 170250 Steven L. Iriki, State Bar No. 142533 Jordan M. Otis, State Bar No. 276274 MOSCONE EMBLIDGE SATER & OTIS LLP F, 220 Montgomery Street, Suite 2100 ae oD San Francisco, CA 94104 Bin pancisco Telephone: (415) 362-3599 { Facsimile: (415) 362-2006 JAN O8 £210 Clifford A. Chanler, State Bar No. 135534 Saputer Goto THE CHANLER GROUP 2560 Ninth Street Parker Plaza, Suite 214 Berkeley, CA 94710 Telephone: (510) 848-8880 MA. MORAN Facsimile: (510) 848-8118 Attorneys for Plaintiff LAURENCE VINOCUR SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED CIV, 1ae§ LAURENCE VINOCUR, Case No. Plaintiff, COMPLAINT FOR CIVIL PENALTIES v. AND INJUNCTIVE RELIEF EPIC PRODUCTS, INC. GELSON’S (Health & Safety Code § 25249.6, et seq.) MARKETS; and DOES 1 -100, inclusive, Defendants. OF Oe NATURE OF THE ACTION 1. This Complaint is a representative action brought by plaintiff Laurence Vinocur (“Plaintiff”) in the public interest of the citizens of the State of California to enforce the citizens’ right to be informed of the presence of lead, a toxic chemical found in shot glasses with exterior designs sold in California. Lead is a toxic chemical found in a variety of products, 2. By this Complaint, Plaintiff seeks to remedy Defendants’ continuing failures to warn California citizens about the risk of exposure to lead present in and on shot glasses with COMPLAINT FOR CIVIL PENALTIES AND 1 Case No.: INJUNCTIVE RELIEFCo OD IN DH PF we ee a a a a orxXN An RE DoH ES © 9 exterior designs manufactured, distributed, and offered for sale or use to consumers throughout the State of California. 3. Detectable levels of lead are commonly found in and on shot glasses with exterior designs that Defendants manufacture, distribute, and offer for sale to consumers throughout the State of California. / 4, Under the Safe Drinking Water and Toxic Enforcement Act of 1986, codified at Health & Safety Code § 25249.5 et seq. (“Proposition 65”), “[nJo 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... .” Health & Safety Code § 25249.6. 5. Pursuant to Proposition 65, on February 27, 1987, California identified and listed Lead as a chemical known to cause birth defects and other reproductive harm. Lead became subject to the “clear and reasonable warning” requirements of the Proposition 65 one year later on February 27, 1988.27 Cal. Code Regs. § 27001(c); Health & Safety Code §§ 25249.8 & 25249.10(b). 6. Lead is hereinafter referred to as the “Listed Chemical.” 7. — Defendant Epic Products, Inc. (“Epic”) manufactures, distributes, imports, sells and/or offers for sale in California shot glasses with exterior designs containing lead without a warning including, but not limited to, Celebrate the Good Life! Epic Professional Shot Glass, UPC #0 77757 91110 1. . 8. Defendant Gelson’s’s Markets (““Gelson’s”) manufactures, distributes, imports, sells and/or offers for sale in California shot glasses with exterior designs containing lead without a warning including, but not limited to, Celebrate the Good Life! Epic Professional Shot Glass, UPC #0 77757 91110 1. 9. All products containing the Listed Chemicals as identified in paragraphs 7 and 8 above shall hereinafter be referred to as the “Products.” 10. Defendants’ failures to warn consumers and/or other individuals and workers (specifically those not subject to California's Occupational Health Act, Labor Code section COMPLAINT FOR CIVIL PENALTIES AND 2 Case No.: INJUNCTIVE RELIEFoC Om IN Dw 10 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 © Qo 6300 et seq. or exempted under the out-of-state manufacturer rule) in the State of California about their exposures to the Listed Chemical in conjunction with Defendants’ sales of the Produets, is a violation of Proposition 65 and subjects Defendants to enjoinment of such conduct as well as civil penalties for each violation. Health & Safety Code § 25249.7(a) & (b)(1). 11. For Defendants’ violations of Proposition 65, Plaintiff seeks preliminary and permanent injunctive relief to compel Defendants to provide purchasers or users of the Products with the required warning regarding the health hazards of the Listed Chemical in the Products. Health & Safety Code § 25249.7(a). 12, Pursuant to Health & Safety Code § 25249.7(b), Plaintiff also seeks civil penalties against Defendants for their violations of Proposition 65. PARTIES 13. Plaintiff Laurence Vinocur (“Plaintiff”) is a citizen of the State of California who is dedicated to protecting the health of California citizens through the elimination or reduction of toxic exposures from consumer products, and he brings this action in the public interest pursuant to Health & Safety Code § 25249.7(d). 14. Defendant Epic is a “person in the course of doing business” within the meaning of Health & Safety Code §s 25249.6 and 25249.11. 15. Epic manufactures, imports, distributes, sells, and/or offers the Products for sale or use in the State of California, or implies by its conduct that it manufactures, imports, distributes, sells, and/or offers the Products for sale or use in the State of California. 16. Defendant Gelson’s is a “person in the course of doing business” within the meaning of Health & Safety Code §s 25249.6 and 25249.11. 17. Gelson’s manufactures, imports, distributes, sells, and/or offers the Products for sale or use in the State of California, or implies by its conduct that it manufactures, imports, distributes, sells, and/or offers the Products for sale or use in the State of California. 18. Defendants Does 1 -100 are each “persons in the course of doing business” within the meaning of Health & Safety Code § 25249.11(b), which manufacture, distribute, COMPLAINT FOR CIVIL PENALTIES AND 3 Case No.: INJUNCTIVE RELIEFco Oo ND Hh BW DY YP NY NY NNR NY DN SY HB Be Be ew Be Se eB es on A A BF YN |= FSO WMA A A KR BH SES © ° sell, and/or offer the Products for sale in the State of California. At this time, the true names and capacities of defendants Does 1 through 100, inclusive, are unknown to Plaintiff, who, therefore, sues said defendants by their fictitious names pursuant to Code of Civil Procedure section 474. Plaintiff is informed and believes, and on that basis alleges, that each of the fictitiously named defendants is responsible for the acts and occurrences alleged herein. When ascertained, their true names and capacities shall be reflected in an amended complaint. 19. Defendants Epic, Gelson’s, and Does 1 -100 are collectively referred to herein as “Defendants.” NUE SDICTION 20. Venue is proper in San Francisco Superior Court, pursuant to Code of Civil Procedure sections 393, 395, and 395.5, because this Court is a court of competent jurisdiction, because Plaintiff seeks civil penalties against Defendants, because one or more instances of wrongful conduct occurred, and continue to occur, in the City and County of San Francisco, and/or because Defendants conducted, and continue to conduct, business in this county with respect to the Products. 21. 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 causes except those given by statute to other trial courts.” The statute under which this action is brought does not specify any other basis of subject matter jurisdiction. 22. The California Superior Court has jurisdiction over Defendants based on Plaintiff's information and good faith belief that each of the Defendants is a person, firm, corporation, or association that is a citizen of the State of California, has sufficient minimum contacts in the State of California, and/or otherwise purposefully avails itself of the California market. Defendants’ purposeful availment of California as a marketplace for the Products renders the exercise of personal jurisdiction by California courts over Defendants consistent with traditional notions of fair play and substantial justice. COMPLAINT FOR CIVIL PENALTIES AND 4 Case No.: INJUNCTIVE RELIEFCo em YN DH BF WKH oe NbN YP NY YP NY NN YD Be Be Be Be Be oe eB em eB ont DA A BRB BHF SO ww KIA AAR D KH SF SG © 9 FIRST CAUSE OF ACTION (Violation of Proposition 65 - Against All Defendants) 23. — Plaintiff re-alleges and incorporates by reference, as if fully set forth herein, Paragraphs 1 through 22, inclusive. 24, In enacting Proposition 65, in the preamble to the Safe Drinking Water and Toxic Enforcement Act of 1986, the People of California expressly declared their right “[t]o be informed about exposures to chemicals that cause cancer, birth defects, or other reproductive harm.” 25. Proposition 65 states, “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 ....” Health & Safety Code § 25249.6. 26. On October 24, 2014, Plaintiff's sixty-day notice of violation, together with the requisite certificate of merit, was served on International Greetings and certain public prosecutors stating that, as a result of Defendants’ sales of the Products containing lead, purchasers and users in the State of California were being exposed to lead resulting from their reasonably foreseeable use of the Products, without the individual purchasers and users first having been provided with a “clear and reasonable warming” regarding such toxic exposures, as required by Proposition 65. This notice is attached hereto as Exhibit A. 27. Defendants have engaged in the manufacture, importation, distribution, sale, and offering of the Products for sale or use in violation of Health & Safety Code § 25249.6, and Defendants’ violations have continued to occur beyond their receipt of Plaintiff's sixty-day notice of violation. As such, Defendants’ violations are ongoing and continuous in nature, and will continue to occur in the future. 28. After receiving Plaintiff's sixty-day notice of violation, the appropriate public prosecutors have failed to commence and diligently prosecute a cause of action against Defendants under Proposition 65. COMPLAINT FOR CIVIL PENALTIES AND 5 Case No.: INJUNCTIVE RELIEF© 9 29. The Products manufactured, imported, distributed, sold, and offered for sale or use in California by Defendants contain the Listed Chemical such that they require a “clear and reasonable” warning under Proposition 65. 30. Defendants knew or should have known that the Products they manufacture, import, distribute, sell, and offer for sale or use in California contain the Listed Chemical. 31. The Listed Chemical is present in or on the Products in such a way as to expose individuals to the Listed Chemical through dermal contact and/or ingestion during reasonably foreseeable use of the Products including through workplace exposure to the Products. 32. The normal and reasonably foreseeable uses of the Products have caused, and continue to cause, consumer exposures to the Listed Chemical, as such exposures are defined by the California Code of Regulations Title 27, section 25602(b). 33. Defendants had knowledge that the normal and reasonably foreseeable uses of the Products expose individuals to the Listed Chemical through dermal contact and/or ingestion. 34. Defendants intended that such exposures to the Listed Chemical from the reasonably foreseeable uses of the Products would occur by Defendants’ deliberate, non- accidental participation in the manufacture, importation, distribution, sale, and offering of the Products for sale or use to individuals in the State of California. 35. Defendants failed to provide a “clear and reasonable warning” to those consumers and other individuals in the State of Califomia who were or who would become exposed to the Listed Chemical through dermal contact and/or ingestion during the reasonably foreseeable uses of the Products including through workplace exposure to the Products. 36. Contrary to the express policy and statutory prohibition of Proposition 65 enacted directly by California voters, individuals exposed to the listed chemical through dermal contact and/or ingestion resulting from the reasonably foreseeable uses of the Products including through workplace exposure to the Products sold by Defendants without a “clear and reasonable warning,” have suffered, and continue to suffer, irreparable harm for which they have no plain, speedy, or adequate remedy at law. COMPLAINT FOR CIVIL PENALTIES AND 6 Case No.: INJUNCTIVE RELIEFoO ° 37. Pursuant to Health & Safety Code § 25249.7(b), as a consequence of the above- described acts, Defendants are liable for a maximum civil penalty of $2,500 per day for each violation. . 38. Asaconsequence of the above-described acts, Health & Safety Code § 25249.7(a) also specifically authorizes the Court to grant injunctive relief against Defendants. PRAYER FOR RELIEF Wherefore, Plaintiff prays for judgment against Defendants, and each of them, as follows: 1. That the Court, pursuant to Health & Safety Code § 25249.7(b), assess civil penalties against Defendants in the amount of $2,500 per day for each violation; 2. That the Court, pursuant to Health & Safety Code § 25249.7(a), preliminarily and permanently enjoin Defendants from manufacturing, distributing, or offering the Products for sale or use in California without first providing a “clear and reasonable warning” as defined. by the California Code of Regulations title 27, section 25601 et seq., as to the harms associated with exposures the Listed Chemical; 3. That the Court, pursuant to Health & Safety Code § 25249.7(a), issue preliminary and permanent injunctions mandating that Defendants recall all Products currently in the chain of commerce in California without a “clear and reasonable warning” as defined by California Code of Regulations title 27, section 25601 et seq.; 4. That the Court grant Plaintiff his reasonable attorneys’ fees and costs of suit; and 5. That the Court grant such other and further relief as may be just and proper. Dated: January 8, 2015 Respectfully Submitted, MOSCONE EMBLIDGE SATER & OTIS LLP py LD ln for Seemed fib Steven L. Iriki Attorneys for Plaintiff LAURENCE VINOCUR COMPLAINT FOR CIVIL PENALTIES AND 7 Case No.: INJUNCTIVE RELIEFEXHIBIT "4"Exhibit A© °o 60-DAY NOTICE OF VIOLATION SENT IN COMPLIANCE WITH CALIFORNIA HEALTH & SAFETY CODE § 25249.7(d) DATE: October 24, 2014 To: Steve Dubow, President — Epic Products, Inc. Rob McDougall, President — Gelson’s Markets California Attorney General’s Office; District Attorney’s Office for 58 Counties; and City Attorneys for San Francisco, San Diego, San Jose, Sacramento and Los Angeles FRoM: Laurence Vinocur . INTRODUCTION My name is Laurence Vinocur. I am a citizen of the State of California acting in the interest of the general public. I seek to promote awareness of exposures to toxic chemicals in products sold in California and, if possible, to improve human health by reducing hazardous substances contained in such items. This Notice is provided to the public agencies listed above pursuant to California Health & Safety Code § 25249.6 et seq. (“Proposition 65”). As noted above, notice is also being provided to the alleged violators, Epic Products, Inc. and Gelson’s Markets (the “Violators”). The violations covered by this Notice consist of the product exposures, routes of exposure, and type of harm potentially resulting from exposure to the toxic chemical (“listed chemical”) identified below, as follows: Product Exposure: See Section VII. Exhibit A Listed Chemical: Lead Routes of Exposure: Ingestion, Dermal Types of Harm: Birth Defects and Other Reproductive Harm U. NATURE OF ALLEGED VIOLATION (PRODUCT EXPOSURE The specific type of product that is causing consumer and occupational exposures in violation of Proposition 65, and that is covered by this Notice, is listed under “Product Category/Type” in Exhibit A in Section VII below. All products within the category covered by this Notice shall be referred to hereinafter as the “products.” Exposures to the listed chemical from the use of the products have been occurring without the clear and reasonable warning required by Proposition 65, dating as far back as October 24, 2011. Without proper warnings regarding the toxic effects of exposures to the listed chemical resulting from contact with the products, California citizens lack the information necessary to make informed decisions on whether and how to eliminate (or reduce) the risk of exposure to the listed chemical from the reasonably foreseeable use of the products, 2584102 Poge !o ° A. CONSUMER PRODUCT EXPOSURE California consumers, through the act of buying, acquiring or utilizing the products, are exposed to the listed chemical. By way of example but not limitation, exposures occur when California citizens use, display, clean, repair, pack, unpack, arrange, store or otherwise handle the products. These tasks cause consumers to be exposed directly or indirectly through the routine touching of the parts or portions of the products containing readily available surface amounts of the listed chemical. Additionally, exposure can occur through the routine touching and ingesting of other materials that are contaminated with the listed chemical from the products as a result of these tasks. People likely to be exposed include adults. : B. OCCUPATIONAL EXPOSURE Similarly, men and women in California use or otherwise handle the products as a part of their jobs and are, therefore, subject to occupational exposures to the listed chemical. Employees are exposed at any California business locations of the apparent manufacturer, distributor and retailer (and their agents, assigns and divisions) as well as all other California locations where the products, or the component parts thereof that include the listed chemical are, by way of example but not limitation, used as a drinking vessel, packed, unpacked, labeled, arranged, displayed, cleaned, stocked, stored, or otherwise handled. These tasks cause employee exposure directly and/or indirectly to the listed chemical through the routine touching of the parts or portions of the products containing readily available amounts of the listed chemical on the surface. Additionally, exposure can occur through the routine touching and ingesting of other materials that are contaminated with the listed chemical from the products as a result of these tasks. These products are also used by sole proprietors and other persons in settings not covered by the federal Occupational Safety Health Act (“OSHA”). This Notice alleges the violation of Proposition 65 with respect to occupational exposure governed by the California State Plan for Occupational Safety and Health (the “State Plan”). The State Plan incorporates the provisions of Proposition 65, as approved by OSHA on June 6, 1997. This approval specifically placed certain conditions with regard to occupational exposures on Proposition 65, including that it does not apply to the conduct of manufacturers occurring outside the State of California. The approval also provides that an employer may use the means of compliance contained in the general hazard communication requirement to comply with Proposition 65. It also requires that supplemental enforcement is subject to the supervision of the California Occupational Safety and Health Administration. Accordingly, any settlement, civil complaint, or substantive court orders in this matter must be submitted to the California Attomey General. CONTACT INFORMATION Please direct all questions concerning this notice to me through my counsel’s office at the following address: ‘ Laurence Vinocur c/o Josh Voorhees The Chanler Group Parker Plaza 2560 Ninth Street, Suite 214 Berkeley, CA 94710 Telephone: (510) 848-8880 F2584102-— Poge 2© °o IV. PROPOSITION 65 INFORMATION For general information concerning the provisions of Proposition 65, please feel free to contact the Office of Environmental Health Hazard Assessment’s (“OEHHA”) Proposition 65 Implementation Office at (916) 445-6900. For the Violators’ reference, I have attached a copy of “Proposition 65: A Summary” which has been prepared by OEHHA. Vv. RESOLUTION OF NOTICED CLAIMS Based on the allegations set forth in this Notice, | intend to file a citizen enforcement lawsuit against the alleged Violators unless such Violators enter into a binding written agreement to: (1) recall products already sold or undertake best efforts to ensure that the requisite health hazard warnings are provided to those who have received such products; (2) provide clear and reasonable warnings for products sold in the future or reformulate such products to eliminate the exposures; and (3) pay an appropriate civil penalty based on the factors enumerated in California Health & Safety Code § 25249.7(b). If the alleged Violators are interested in resolving this dispute without resorting to time-consuming and expensive litigation, please feel free to contact my counsel identified in Section III above. It should be noted that neither my counsel nor I can: (1) finalize any settlement until after the 60-day notice period has expired; nor (2) speak for the Attorney General or any district or city attorney who received this Notice. Therefore, while reaching an agreement with me will resolve my claims, such agreement may not satisfy the public prosecutors. Vi. ADDITIONAL NOTICE INFORMATION Identified below is a specific example of a product recently purchased and witnessed as being available for purchase or use in California that is within the category or type of offending product covered by this Notice. Based on publicly available information, the retailers, distributors and/or manufacturers of the example within the category or type of product are also provided below. I believe and allege that the sale of the offending products also has occurred without the requisite Proposition 65 “clear and reasonable warning” at one or more locations and/or via other means including, but not limited to, transactions made over-the-counter, business-to-business, through the internet and/or via a catalog by the Violators and other retailers and distributors of the manufacturer. Product* Celebrate the Good Life! Epic Professional Shot Glass, UPC #0 77757 911101 Manufacturer(s)/Distributor(s) Epic Products, Inc. Retailer(s) Gelson’s Markets Los Angeles County, Southern California F2584102 Page 3Vil, EXHIBIT A Product Categoi Such As* Shot Glasses with Exterior Celebrate the Good Life! Epic Designs Professional Shot Glass, UPC #0 77757 911101 po *The specifically identified example of the type of product that is subject to this Notice is for the recipients’ benefit to assist | in their investigation of, among other things, the magnitude of potential exposures to the listed chemical from other items within the product category/type listed in Exhibit A. It is important to note that this example is not meant to be an exhaustive or comprehensive identification of each specific offending product of the type listed under “Product Category/Type” in Exhibit A. Further, it is this citizen’s position that the alleged Violators are obligated to continue to conduct in good faith an investigation into other specific products within the type or category described above that may have been manufactured, distributed, sold, shipped, stored (or otherwise within the notice recipients’ custody or control) during the relevant period so as to ensure that the requisite toxic warnings were and are provided to California citizens prior to purchase. F2584102. Page 4PROOF OF SERVICE I, the undersigned, declare under penalty of perjury: T am over the age of 18 years, and not a party to the within action; my business address is Parker Plaza, 2560 Ninth Street, Suite 214, Berkeley, CA 94710. On October 24, 2014, I served the following documents: 60-DAY NOTICE OF VIOLATION SENT IN COMPLIANCE WITH HEALTH & SAFETY CODE § 25249.7(d); PROPOSITION 65: A SUMMARY; CERTIFICATE OF MERIT; AND CERTIFICATE OF MERIT ATTACHMENTS (SERVED ONLY ON THE ATTORNEY GENERAL) on the entities listed below via First Class Certified Mail through the United States Postal Service by placing a true and correct copy in a sealed envelope, addressed to the entities listed below and providing each envelope to a United States Postal Service Representative: Steve Dubow, President Rob McDougall, President Rob McDougall, President Epic Products, Inc. Gelson’s Markets Gelson’s Markets 3100 South Susan Street 16400 Ventura Boulevard, Suite 240 P.O. Box 1802 Santa Ana, CA 92704 Encino, CA 91436 Encino, CA 91426 as well as by providing copies of the above documents electronically uploaded to the public enforcers according to directions from their respective offices, and/or by placing a true and correct copy in a sealed envelope, addressed to each party listed below, and served as follows: Electronically Uploaded to the Attorney The Attorney General of the State of General’s website: California; By placing each envelope in a United The District Attorney for Each of the 58 States Postal Service mailbox, postage counties in California; and prepaid: The City Attorney for Los Angeles, San Diego, San Jose, San Francisco and Sacramento A list of addresses for each of these recipients is attached. Executed on October 24, 2014, at Berkeley, California. Loy Caroline Pak F2584102 Page S© ° CERTIFICATE OF MERIT Health and Safety Code Section 25249.7(d) I, Clifford A. Chanler, hereby declare: 1, This Certificate of Merit accompanies the attached sixty-day notice in which it is alleged that the parties identified in the notice have violated Health and Safety Code § 25249.6 by failing to provide clear and reasonable warnings; Tam the attorney for the noticing party; Thave consulted with one or more persons with relevant and appropriate experience or expertise who has reviewed facts, studies, or other data regarding the alleged exposure to the listed chemical that is the subject of this action; Based on the information obtained through those consultations, and on all other information in my possession, I believe there is a reasonable and meritorious case for the private action. I understand that “reasonable and meritorious case for the private action” means that the information provides a credible basis that all elements of the plaintiff's case can be established and the information did not prove that the alleged Violators will be able to establish any of the affirmative defenses set forth in the statute; The copy of this Certificate of Merit served on the Attorney General attaches to it factual information sufficient to establish the basis for this certificate, including information identified in Health and Safety Code § 25249.7(h)(2) (i.e., (1) the identity of the persons consulted with and relied on by the certifier, and (2) the facts, studies, or other data reviewed by those persons). Dated: October 24, 2014 C of A CU. Clifford A. Chanler F25e4102 Page‘The Honorable Nancy O'Malley ‘Alameda County District Attorney 1225 Fallon Street, Room 900 Oakland, CA 94612 ‘The Honorable Terese Drabec Alpina County District Atlomey 270 Laramie Streat, PO BOX 248 Marklesville, CA 96120 ‘The Honorable Todd Rlebe ‘Amacior County District Atlomey 708 Court Street Jackson, CA 95642 The Honorable Michael Ramsey Butte County District Atomey 25 County Center Drive Oroville, CA 95865 ‘The Honorable Barbara Yok Calaveras County District Attomey 881 Mountain Ranch Road ‘San Andreas, CA 95249 ‘The Honorable John R. Poyner Colusa County District Attorney ‘U6 Fifth Street Colusa, CA 95932 ‘The Honorable Mark Peterson Contra Costa County District Attorney 900 Ward Street Martinez, CA 84553 ‘The Honorable Jon Alexander Del Norte County District Attorney 981 H Street Crescent City, CA 95531 ‘The Honorable Vernon Pierson 1 Dorado County District Attomey 515 Main Street Placerville, CA 95667 ‘The Honorabe Etzabath Egan Fresno istrict Attomey 2220 Tulare Street, #1000 Fresno, CA 99721 Imperial County District Atlomey ‘940 West Main Street, Sulte 102 E} Centro, CA 82243 The Honorable Arthur Maitat Inyo County District Attorney P.O. Drawer D Independence, CA 93526 ‘The Honorable Lisa Green Kem County District Atiomey 41215 Truxtun Avenue Bakersfield, CA 93301 ‘The Honorable Greg Stickiand Kings County District Attomey 1400 West Lacey Boulevard Hanford, CA 93230 ‘The Honorable Donsld Anderson Lake. District Attorney 255 North Forbes Street Lakeport, CA 95453 oO Oo SERVICE LIST ‘The Honorable Robert Bums Lassen County District Attorney 2208. Lassen Street, Sia, 8 ‘Susanville, CA 96130 ‘The Honorable Steve Cooley Los Angeles County District Atiomoy 210 West Temple Street, Suite 18000 Los Angeles, CA 90012 The Honorable Michael Keitz ‘Madera County District Attomey 209 West Yosemite Avenue Madera, CA 93637 ‘The Honorable Edward Berberian ‘Marin County District Attorney ‘3501 Civic Center Drive, Room 130 ‘San Rafael, CA 94903, ‘The Honorable Robert Brown Mariposa County District Attomey 5101 Jones Street, P.O. Box 730 Mariposa, CA 95338 10810 Justice Center Drive, Suite 240 Roseville, CA 95678 ‘The Honorable David Hollister Piumas County District Attorney 520 Main Street, Room 404 Quincy, CA 95871 ‘Tha Honorable Paul Zellerbach ~ Riverside County District Attomey ‘3960 Orange Street Riverside, CA 92501 ‘The Honorable Jan Scully ‘Secramento County District Atlomey 901 G Street ‘Sacramento, CA.95614 ‘The Honorable Candice Hooper ‘San Benito County District Attomey ‘419 4 Street, Second Floor Hollcter, CA 95203 ‘The Honorable Miche! Ramos ‘San Bernardino County District Attomey 316.N. Mountain View Avenue ‘San Bemardino, CA 92415 ‘The Honorable James Witt ‘San Joaquin County Dietrict Attorney P.O, Box 990 ‘Stockton, CA 95201 ‘The Honorable Gerald Shes ‘San Luis Obispo County District Attomey 1036 Palm Street ‘San Luis Obispo, CA 93408 ‘The Honorable Stephen Wastaffe ‘San Mateo County Distrct Atlomey ‘400 County Center, Third Floor Redwood City, CA 4063 oar Barbara County District. Santa {t12'Sania Suber Suet Senta Barbara, CA 93101 The Honorabe Jefey Rosen ‘Santa Clara County District Attomey 70 West Hedding Street, West Wing San Jose, CA 95110 ‘The Honorable Bob Lee ‘Santa Cruz County District Attomey 701 Ocean Straet, Room 200 ‘Santa Cruz, CA 95080 ‘The Honorable Stephen Cariton ‘Shasta County Distict Atormey 1355 West Street Redding, CA 96001 ‘Tha Honorable Lawrence Allen ‘Sierra County District Attomey The Honorable Gregg Cohen Fehama County District Attorney 444 Ook Stet Room Red Bluff, CA 96080 ‘The Honorable Michael 8. Herper ‘Trinity County District Attomey PO Box 310 Weavervile, CA 96093 poem Sn 221 South Mooney Boulevard, Suite 224 ena Office of the City Attomey, San Diego 41200 Third Avanwe, Suite 1620 San Diego, CA 82101 ‘The Honorable Eileen M. Telchert Office of the City Attomey, Sacramento 8161 Street, 4" Floor Sacramento, CA 95814 ‘The Honorable Dennis J. Herrera Office of the City Atiomey, San Francisca - City Hall, Room 234 1515 Clay Street, Suite 2000 (Cakiand, CA 94812-0550