Preview
IOC
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jul-23-2010 9:44 am
Case Number: CGC-10-501868
Filing Date: Jul-23-2010 9:35
Juke Box: 001 Image: 02918940
COMPLAINT
RUSSELL BRIMER VS. CHRONICLE BOOKS, LLC et al
001002918940
Instructions:
Please place this sheet on top of the document to be scanned.SUM-100
(cITACION JUDIG 1AL) (s0U0 PARA USO DELA CORTE)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
CHRONICLE BOOKS LLC, PAUL FRANK INDUSTRIES, INC. and
DOES 1 though 600
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
RUSSELL BRIMER
NOTICE! You have been sued. The court may decide against you without your being heard unless you Tespond 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/selthelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.
‘There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attomey, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California 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.
jAVISO! Lo han demandado. Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea la informacion a
continuacion.
Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no lo protegen. Su respuesta por escrito tiene que estar
fen formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para Su respuesta.
Puede encontrar estos formularios de la corte y mas informacion en el Centro de Ayuda de las Cortes de California (www.sucorte.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 presentacién, pida al secretario de la corte
que le dé un formulario de exencicn de pago de cuotas. Sino presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le
podra quitar su sueldo, dinero y bienes sin mas advertencia.
Hay otros requisitos legales. Es recomendable que lame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de
remision a abogados, Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
programa 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 ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto con la corte oe!
Colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reciamar las cuotas y los costos exentos por imponer un grayamen sobre
cualquier recuperacion de $10,000 6 mas de valor recibida mediante un acuerdo 0 una concesién de arbitraje en un caso de derecho civil. Tiene que
pagar el gravamen de la corte antes de que la corte puedadesechar el caso.
The name and address of the court is: . . CASE Ny
(El nombre y direcci6n de la corte es): San Francisco Superior Court (stir
400 McAllister Street
San Francisco, CA 94102
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is:
(El nombre, la direccién y el numero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es):
Gregory M. Sheffer, Esq., The Chanler Group, 38 Miller Avenue, #102, Mill Valley, California 94941
-10-50 1868
, Deputy
(Adjunto)
DATE: Clerk, b\
(Fecha) JUL 23 2010 CLERK OF THE COURT (Secretario)
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)).
NOTICE TO THE PERSON SERVED: You are served
1. as an individual defendant.
2. as the person sued under the fictitious name of (specify):
3. [1 on behalf of (specify):
under: CCP 416.10 (corporation) CCP 416.60 (minor)
CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)
CCP 416.40 (association or partnership) CCP 416.90 (authorized person)
other (specify):
4. by personal delivery on (date):
Page tof
Form Adopted for Mandatory Use Code of Civil Procedure §§ 412.20, 465
Judicial Council of California SUMMONS www. courtinfo.ca.gov
SUM-100 [Rev, July 1, 2009]
[American LegaiNet, Inc.
www. Forms Workflow com)CM-010
[agoavey TS ee ager (ame Sige Bar number, end acces FOR COURT USE ONLY
The Chanler Group
Eien?
reterrone no: 415-459-1411 raxno: 415-459-1911 SUMMONS ISSUED
arrorney FoR weme): Plaintiff, Russell Brimer San rrarkocl ‘County Superior Court
|SUPERIOR COURT OF CALIFORNIA, COUNTY OF
street aporess: 400 McAllister Street
maine aporess: 400 McAllister Street JUL 2.3 2010
city ano zipcooe: San Francisco, CA 94102
sean name, Civic Center Courthouse CLERK OF RT
CASE NAME: ey:
Russel Brimer v. Chronicle Books LLC eeuy
CIVIL CASE COVER SHEET Complex Case Designation me.
Z) unlimited Limited os Gl-. 10-50 1868
(Amount (Amount Counter Joinder
demanded demanded is Filed with first appearance by defendant 10S
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).
7. 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 (06) (Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) Rule 3.740 collections (09) AntitrustTrade regulation (03)
Other PVPD/WD (Personal Injury/Property Other collections (09) Construction defect (10)
Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40)
Asbestos (04) Other contract (37) Securities litigation (28)
Product liability (24) Real Property ¥ | Environmental/Toxic tort (30)
Medical malpractice (45) Eminent domain/Inverse Insurance coverage claims arising from the
Other PVPDMWD (23) condemnation (14) above listed provisionally complex case
Non-PI/PD/WD (Other) Tort Wrongful eviction (33) types (41)
Business tort/unfair business practice (07) Other real property (26) Enforcement of Judgment
Civil rights (08) Unlawful Detainer Enforcement of judgment (20)
Defamation (13) Commercial (31) Miscellaneous Civil Complaint
Fraud (16) LJ Residential (32) RICO (27)
Intellectual property (19) Drugs (38) Other complaint (not specified above) (42)
Professional negligence (25) Judicial Review Miscellaneous Civil Petition
Other non-PI/PDWD tort (35) Asset forfeiture (05) Partnership and corporate governance (21)
Employment Petition re: arbitration award (11) Other petition (not specified above) (43)
‘Wrongful termination (36) Writ of mandate (02)
Other employment (15) Other judicial review (39)
2. This case is LZJisnot 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 d. Large number of witnesses
b. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a._¥_| monetary b.[¥_] nonmonetary; declaratory or injunctive relief. punitive
4. Number of causes of action (specify): one
5. This case is ¥ jis not 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.)
Date: July2Z 2010 a7 >
Gregory M. Sheffer, Esq. » “SD
CTYPE OR PRINT WANE) — a
NOTICE ~
* 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.
SFTORNEY FOR PARTY)
1 of 2
Form Adopted for Mandatory Use Cal Rules of Coun, rules 2.30, 3.220, 3.400-8 403, 3.740;
“aeatCoune of Calla CIVIL CASE COVER SHEET ar Standard of Juda Adrinistaton, sid 3.10
‘CM-040 [Rev. July 1, 2007} ww. courtinfo.c2.90v,
[American LegalNet, In.
www. Forms Workflow.com|SUMMONS ISSUED
Gregory M. Sheffer, State Bar No. 173124 San rand iperio;
THE CHANLER GROUP ° ° "Court
38 Miller Ave., #102 JUL 2 3 2010
Telephone (ats) 459-1411 49E MANAGEMENT CONFERENCE CLERK OF ZHE COURT
Facsimile: (415) 459-1911 oe
Dapaiy
Attorneys for Plaintiff DEC 2 8 2010
RUSSELL BRIMER aD A
RARTMENT 20
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
RUSSELL BRIMER, CaseNo, GHb".10-501868
Plaintiff,
COMPLAINT FOR CIVIL PENALTIES AND
v. INJUNCTIVE RELIEF
CHRONICLE BOOKS, LLC, PAUL FRANK
INDUSTRIES, INC. and DOES 1-600, (Cal. Health & Safety Code § 25249.6 et seq.)
inclusive,
Defendant.
COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFNATURE OF THE ACTION
1. This Complaint is a representative action brought by Plaintiff Russell Brimer, in
the public interest of the citizens of the State of California, to enforce the People’s right to be
informed of the presence of lead found in certain Paul Frank Julius journals sold in California.
2. Defendants manufacture, distribute, and/or offer for sale the Paul Frank Julius
journals containing lead to consumers and businesses throughout the State of California.
3. Plaintiff seeks to remedy Defendants’ failures to warn California citizens about
their exposure to lead present in or on the manufactured, distributed or sold Paul Frank
journals.
4. Under California’s Safe Drinking Water and Toxic Enforcement Act of 1986,
California Health & Safety Code § 25249.6 et seq. (Proposition 65), “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. . ..” (Cal. Health & Safety Code § 25249.6.)
5. On February 27, 1987, the State listed lead as a chemical known to cause birth
defects and other reproductive harm. Lead became subject to the warning requirement one
year later and was subject to the “clear and reasonable warning” requirements of Proposition 65
beginning on February 27, 1988. (27 CCR § 27001(c); Cal. Health & Safety Code § 25249.8.)
6. Lead shall hereinafter be referred to as the “Listed Chemical.”
7. The specific products manufactured, distributed, and/or sold by Defendants that
contain excessive levels of the Listed Chemical, include, but not limited to the assorted Paul
Frank Julius Journals including, but not limited to, product ISBN 978-0-8118-6179-3.
8. All such Journals as listed above in paragraph 7 shall hereinafter be referred to as
the “Products.”
9. Defendants’ failures to warn consumers and/or other individuals in the State of
California about their exposure to the Listed Chemical in conjunction with Defendants’ sale of
the Products is a violation of Proposition 65 and subjects Defendants to enjoinment of such
conduct as well as civil penalties for each such violation.
1
COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFMU BR WN
10. For Defendants’ violations of Proposition 65, Plaintiff seeks preliminary
injunctive 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.
(Cal. Health & Safety Code § 25249.7(a).)
11. Plaintiff also seeks civil penalties against Defendants for their violations of
Proposition 65, as provided for by California Health & Safety Code § 25249.7(b).
PARTIES
12. Plaintiff Russell Brimer 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 commercial products, and brings this action in the public interest pursuant to
California Health & Safety Code § 25249.7.
13. Defendant, Chronicle Books, LLC (“Chronicle Books” ), is a person doing
business within the meaning of California Health & Safety Code § 25249.11.
14. Defendant Chronicle Books manufactures, causes to be manufactures,
distributes, and/or offers the Products for sale or use in the State of California or implies by
their conduct that they manufacture, distribute and/or offer the Products for sale or use in the
State of California.
15. Defendant Paul Frank Industries, Inc. (“Paul Frank”), is a person doing business
within the meaning of California Health & Safety Code § 25249.11.
16. Defendant Paul Frank manufactures, distributes, and/or offers the Products for
sale or use in the State of California or implies by their conduct that they manufacture,
distribute and/or offer the Products for sale or use in the State of California.
17. Defendant DOES 1-200 (“Manufacturer Defendants”) are each persons doing
business within the meaning of California Health & Safety Code § 25249.11.
18. Manufacturer Defendants engage in the process of research, testing, designing,
assembling, fabricating and/or manufacturing, or imply by their conduct that they engage in
the process of research, testing, designing, assembling, fabricating and/or manufacturing, one
or more of the Products for sale or use in the State of California.
2
COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFN
wn
io wo ND
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
19. Defendant DOES 201-400 (“Distributor Defendants”) are each persons doing
business within the meaning of California Health & Safety Code § 25249.11.
20. Distributor Defendants distribute, exchange, transfer, process and/or transport
one or more of the Products to individuals, businesses or retailers for sale or use in the State of
California.
21. Defendant DOES 401-600 (“Retailer Defendants”) are each persons doing
business within the meaning of California Health & Safety Code § 25249.11.
22. Retailer Defendants offer the Products for sale primarily to individuals in the
State of California.
23. At this time, the true names of Defendant DOES 1 through 600, inclusive, are
unknown to Plaintiff, who therefore sues said Defendant by their fictitious name pursuant to
Code of Civil Procedure § 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 herein
alleged. When ascertained, their true names shall be reflected in an amended complaint.
24, Defendants Chronicle Books, Paul Frank, Retailer Defendants, Distributor
Defendants and Manufacturer Defendants shall hereafter be collectively referred to as
“Defendants”
VENUE AND JURISDICTION
25. Venue is proper in the San Francisco County Superior Court, pursuant to Code of
Civil Procedure §§ 394, 395, 395.5, because this Court is a court of competent jurisdiction,
because one or more instances of wrongful conduct occurred, and continues 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.
26. The California Superior Court has jurisdiction over this action pursuant to
California Constitution Article VI, § 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.
3
COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFNv
coOU Om ND
27. The California Superior Court has jurisdiction over Defendants based on
Plaintiff’s information and good faith belief that each Defendant is a person, firm, corporation
or association that either are citizens of the State of California, have sufficient minimum contacts
in the State of California, or otherwise purposefully avail themselves of the California market.
Defendants’ purposeful availment renders the exercise of personal jurisdiction by California
courts consistent with traditional notions of fair play and substantial justice.
FIRST CAUSE OF ACTION
(Violation of Proposition 65 - Against All Defendants)
28. Plaintiff realleges and incorporates by reference, as if fully set forth herein,
Paragraphs 1 through 27, inclusive.
29. The citizens of the State of California have expressly stated in the Safe Drinking
Water and Toxic Enforcement Act of 1986, California Health & Safety Code § 25249.5, et seq.
(Proposition 65) that they must be informed “about exposures to chemicals that cause cancer,
birth defects and other reproductive harm.” (Cal. Health & Safely Code § 25249.6.)
30. 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...” (Id.)
31. On February 12, 2010, a sixty-day notice of violation, together with the requisite
certificate of merit, was provided to Paul Frank, Chronicle Books and various public
enforcement agencies stating that as a result of Chronicle Books’ sales of the Products listed
above in paragraph 7, purchasers and users in the State of California were being exposed to the
Listed Chemical resulting from the reasonably foreseeable uses of the Products, without the
individual purchasers and users first having been provided with a “clear and reasonable
warning” regarding such toxic exposures; and
32. Defendants have engaged in the manufacture, distribution and/or offering of the
Products for sale or use in violation of California Health & Safety Code § 25249.6 and plaintiff is
informed and believes that Defendants’ manufacture, distribution and/or offering of the
4
COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFco oO ND
Products for sale or use in violation of California Health & Safety Code § 25249.6 has continued
to occur beyond Defendants’ receipt of Plaintiff's sixty-day notice of violation. Plaintiff further
alleges and believes that such violations will continue to occur into the future.
33. After receipt of the claims asserted in the sixty-day notices of violation, the
appropriate public enforcement agencies have failed to commence and diligently prosecute a
cause of action against Defendants under Proposition 65.
34. The Products manufactured, distributed, and/or offered for sale or use in
California by Defendants contained the Listed Chemical above the allowable state limits.
35. Defendants knew or should have known that the Products manufactured,
distributed, and/or offered for sale or use by Defendant in California contained the Listed
Chemical.
36. The Listed Chemical was 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 the
reasonably foreseeable use of the Products.
37. The normal and reasonably foreseeable use of the Products has caused and
continues to cause consumer contact and exposures to the Listed Chemical, as such exposure is
defined by 27 CCR § 25602(b).
38. Defendants, and each of them, intended that such exposures to the Listed
Chemical from the reasonably foreseeable use of the Products would occur by their deliberate,
non-accidental participation in the manufacture, distribution and/or offer for sale or use of
Products to individuals in the State of California.
39. Defendants failed to provide a “clear and reasonable warning” to those
individuals in the State of California who were or who could become exposed to the Listed
Chemical through dermal contact and/or ingestion during the reasonably foreseeable use of the
Products.
40. 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 use of the Products,
COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFra nw
14
15
sold by Defendants without a “clear and reasonable warning,” have suffered, and continue to
suffer, irreparable harm, for which harm they have no plain, speedy or adequate remedy at law.
41. Asaconsequence of the above-described acts, Defendants, and each of them, are
liable for a maximum civil penalty of $2,500 per day for each violation pursuant to California
Health & Safety Code § 25249.7(b).
42. Asaconsequence of the above-described acts, California Health & Safety Code
§ 25249.7(a) also specifically authorizes the Court to grant injunctive relief against Defendant.
43. Wherefore, Plaintiff prays for judgment against Defendants, and each of them, as
set forth hereinafter.
PRAYER FOR RELIEF
Wherefore, Plaintiff prays for judgment against Defendants as follows:
1. That the Court assess civil penalties against Defendants, and each of them, in the
amount of $2,500 per day for each violation alleged herein (H&S Code § 25249.7(b));
2. That the Court preliminarily and permanently enjoin Defendants, and each of
them, from manufacturing, distributing or offering the Products for sale or use in California,
without providing “clear and reasonable warnings” as defined by 27 CCR § 25601, as to the
harms associated with exposures to the Listed Chemical (H&S Code § 25249.7(a));
3. That the Court grant Plaintiff his reasonable attorneys’ fees and costs of suit; and
4. That the Court grants such other and further relief as may be just and proper.
Dated: July 32, 2010 Respectfully Submitted,
THE CHANLER GROUP
on Ss
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By: sd Z
erect >
Attorneys for Plaintiff
RUSSELL BRIMER
6
COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF
Preview
IOC SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jul-23-2010 9:44 am Case Number: CGC-10-501868 Filing Date: Jul-23-2010 9:35 Juke Box: 001 Image: 02918940 COMPLAINT RUSSELL BRIMER VS. CHRONICLE BOOKS, LLC et al 001002918940 Instructions: Please place this sheet on top of the document to be scanned.SUM-100 (cITACION JUDIG 1AL) (s0U0 PARA USO DELA CORTE) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): CHRONICLE BOOKS LLC, PAUL FRANK INDUSTRIES, INC. and DOES 1 though 600 YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): RUSSELL BRIMER NOTICE! You have been sued. The court may decide against you without your being heard unless you Tespond 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/selthelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. ‘There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attomey, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California 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. jAVISO! Lo han demandado. Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea la informacion a continuacion. Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no lo protegen. Su respuesta por escrito tiene que estar fen formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para Su respuesta. Puede encontrar estos formularios de la corte y mas informacion en el Centro de Ayuda de las Cortes de California (www.sucorte.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 presentacién, pida al secretario de la corte que le dé un formulario de exencicn de pago de cuotas. Sino presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podra quitar su sueldo, dinero y bienes sin mas advertencia. Hay otros requisitos legales. Es recomendable que lame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remision a abogados, Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa 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 ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto con la corte oe! Colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reciamar las cuotas y los costos exentos por imponer un grayamen sobre cualquier recuperacion de $10,000 6 mas de valor recibida mediante un acuerdo 0 una concesién de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de la corte antes de que la corte puedadesechar el caso. The name and address of the court is: . . CASE Ny (El nombre y direcci6n de la corte es): San Francisco Superior Court (stir 400 McAllister Street San Francisco, CA 94102 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direccién y el numero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es): Gregory M. Sheffer, Esq., The Chanler Group, 38 Miller Avenue, #102, Mill Valley, California 94941 -10-50 1868 , Deputy (Adjunto) DATE: Clerk, b\ (Fecha) JUL 23 2010 CLERK OF THE COURT (Secretario) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. as the person sued under the fictitious name of (specify): 3. [1 on behalf of (specify): under: CCP 416.10 (corporation) CCP 416.60 (minor) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP 416.90 (authorized person) other (specify): 4. by personal delivery on (date): Page tof Form Adopted for Mandatory Use Code of Civil Procedure §§ 412.20, 465 Judicial Council of California SUMMONS www. courtinfo.ca.gov SUM-100 [Rev, July 1, 2009] [American LegaiNet, Inc. www. Forms Workflow com)CM-010 [agoavey TS ee ager (ame Sige Bar number, end acces FOR COURT USE ONLY The Chanler Group Eien? reterrone no: 415-459-1411 raxno: 415-459-1911 SUMMONS ISSUED arrorney FoR weme): Plaintiff, Russell Brimer San rrarkocl ‘County Superior Court |SUPERIOR COURT OF CALIFORNIA, COUNTY OF street aporess: 400 McAllister Street maine aporess: 400 McAllister Street JUL 2.3 2010 city ano zipcooe: San Francisco, CA 94102 sean name, Civic Center Courthouse CLERK OF RT CASE NAME: ey: Russel Brimer v. Chronicle Books LLC eeuy CIVIL CASE COVER SHEET Complex Case Designation me. Z) unlimited Limited os Gl-. 10-50 1868 (Amount (Amount Counter Joinder demanded demanded is Filed with first appearance by defendant 10S 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). 7. 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 (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 collections (09) AntitrustTrade regulation (03) Other PVPD/WD (Personal Injury/Property Other collections (09) Construction defect (10) Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40) Asbestos (04) Other contract (37) Securities litigation (28) Product liability (24) Real Property ¥ | Environmental/Toxic tort (30) Medical malpractice (45) Eminent domain/Inverse Insurance coverage claims arising from the Other PVPDMWD (23) condemnation (14) above listed provisionally complex case Non-PI/PD/WD (Other) Tort Wrongful eviction (33) types (41) Business tort/unfair business practice (07) Other real property (26) Enforcement of Judgment Civil rights (08) Unlawful Detainer Enforcement of judgment (20) Defamation (13) Commercial (31) Miscellaneous Civil Complaint Fraud (16) LJ Residential (32) RICO (27) Intellectual property (19) Drugs (38) Other complaint (not specified above) (42) Professional negligence (25) Judicial Review Miscellaneous Civil Petition Other non-PI/PDWD tort (35) Asset forfeiture (05) Partnership and corporate governance (21) Employment Petition re: arbitration award (11) Other petition (not specified above) (43) ‘Wrongful termination (36) Writ of mandate (02) Other employment (15) Other judicial review (39) 2. This case is LZJisnot 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 d. Large number of witnesses b. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a._¥_| monetary b.[¥_] nonmonetary; declaratory or injunctive relief. punitive 4. Number of causes of action (specify): one 5. This case is ¥ jis not 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.) Date: July2Z 2010 a7 > Gregory M. Sheffer, Esq. » “SD CTYPE OR PRINT WANE) — a NOTICE ~ * 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. SFTORNEY FOR PARTY) 1 of 2 Form Adopted for Mandatory Use Cal Rules of Coun, rules 2.30, 3.220, 3.400-8 403, 3.740; “aeatCoune of Calla CIVIL CASE COVER SHEET ar Standard of Juda Adrinistaton, sid 3.10 ‘CM-040 [Rev. July 1, 2007} ww. courtinfo.c2.90v, [American LegalNet, In. www. Forms Workflow.com|SUMMONS ISSUED Gregory M. Sheffer, State Bar No. 173124 San rand iperio; THE CHANLER GROUP ° ° "Court 38 Miller Ave., #102 JUL 2 3 2010 Telephone (ats) 459-1411 49E MANAGEMENT CONFERENCE CLERK OF ZHE COURT Facsimile: (415) 459-1911 oe Dapaiy Attorneys for Plaintiff DEC 2 8 2010 RUSSELL BRIMER aD A RARTMENT 20 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE CITY AND COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION RUSSELL BRIMER, CaseNo, GHb".10-501868 Plaintiff, COMPLAINT FOR CIVIL PENALTIES AND v. INJUNCTIVE RELIEF CHRONICLE BOOKS, LLC, PAUL FRANK INDUSTRIES, INC. and DOES 1-600, (Cal. Health & Safety Code § 25249.6 et seq.) inclusive, Defendant. COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFNATURE OF THE ACTION 1. This Complaint is a representative action brought by Plaintiff Russell Brimer, in the public interest of the citizens of the State of California, to enforce the People’s right to be informed of the presence of lead found in certain Paul Frank Julius journals sold in California. 2. Defendants manufacture, distribute, and/or offer for sale the Paul Frank Julius journals containing lead to consumers and businesses throughout the State of California. 3. Plaintiff seeks to remedy Defendants’ failures to warn California citizens about their exposure to lead present in or on the manufactured, distributed or sold Paul Frank journals. 4. Under California’s Safe Drinking Water and Toxic Enforcement Act of 1986, California Health & Safety Code § 25249.6 et seq. (Proposition 65), “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. . ..” (Cal. Health & Safety Code § 25249.6.) 5. On February 27, 1987, the State listed lead as a chemical known to cause birth defects and other reproductive harm. Lead became subject to the warning requirement one year later and was subject to the “clear and reasonable warning” requirements of Proposition 65 beginning on February 27, 1988. (27 CCR § 27001(c); Cal. Health & Safety Code § 25249.8.) 6. Lead shall hereinafter be referred to as the “Listed Chemical.” 7. The specific products manufactured, distributed, and/or sold by Defendants that contain excessive levels of the Listed Chemical, include, but not limited to the assorted Paul Frank Julius Journals including, but not limited to, product ISBN 978-0-8118-6179-3. 8. All such Journals as listed above in paragraph 7 shall hereinafter be referred to as the “Products.” 9. Defendants’ failures to warn consumers and/or other individuals in the State of California about their exposure to the Listed Chemical in conjunction with Defendants’ sale of the Products is a violation of Proposition 65 and subjects Defendants to enjoinment of such conduct as well as civil penalties for each such violation. 1 COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFMU BR WN 10. For Defendants’ violations of Proposition 65, Plaintiff seeks preliminary injunctive 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. (Cal. Health & Safety Code § 25249.7(a).) 11. Plaintiff also seeks civil penalties against Defendants for their violations of Proposition 65, as provided for by California Health & Safety Code § 25249.7(b). PARTIES 12. Plaintiff Russell Brimer 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 commercial products, and brings this action in the public interest pursuant to California Health & Safety Code § 25249.7. 13. Defendant, Chronicle Books, LLC (“Chronicle Books” ), is a person doing business within the meaning of California Health & Safety Code § 25249.11. 14. Defendant Chronicle Books manufactures, causes to be manufactures, distributes, and/or offers the Products for sale or use in the State of California or implies by their conduct that they manufacture, distribute and/or offer the Products for sale or use in the State of California. 15. Defendant Paul Frank Industries, Inc. (“Paul Frank”), is a person doing business within the meaning of California Health & Safety Code § 25249.11. 16. Defendant Paul Frank manufactures, distributes, and/or offers the Products for sale or use in the State of California or implies by their conduct that they manufacture, distribute and/or offer the Products for sale or use in the State of California. 17. Defendant DOES 1-200 (“Manufacturer Defendants”) are each persons doing business within the meaning of California Health & Safety Code § 25249.11. 18. Manufacturer Defendants engage in the process of research, testing, designing, assembling, fabricating and/or manufacturing, or imply by their conduct that they engage in the process of research, testing, designing, assembling, fabricating and/or manufacturing, one or more of the Products for sale or use in the State of California. 2 COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFN wn io wo ND 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. Defendant DOES 201-400 (“Distributor Defendants”) are each persons doing business within the meaning of California Health & Safety Code § 25249.11. 20. Distributor Defendants distribute, exchange, transfer, process and/or transport one or more of the Products to individuals, businesses or retailers for sale or use in the State of California. 21. Defendant DOES 401-600 (“Retailer Defendants”) are each persons doing business within the meaning of California Health & Safety Code § 25249.11. 22. Retailer Defendants offer the Products for sale primarily to individuals in the State of California. 23. At this time, the true names of Defendant DOES 1 through 600, inclusive, are unknown to Plaintiff, who therefore sues said Defendant by their fictitious name pursuant to Code of Civil Procedure § 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 herein alleged. When ascertained, their true names shall be reflected in an amended complaint. 24, Defendants Chronicle Books, Paul Frank, Retailer Defendants, Distributor Defendants and Manufacturer Defendants shall hereafter be collectively referred to as “Defendants” VENUE AND JURISDICTION 25. Venue is proper in the San Francisco County Superior Court, pursuant to Code of Civil Procedure §§ 394, 395, 395.5, because this Court is a court of competent jurisdiction, because one or more instances of wrongful conduct occurred, and continues 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. 26. The California Superior Court has jurisdiction over this action pursuant to California Constitution Article VI, § 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. 3 COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFNv coOU Om ND 27. The California Superior Court has jurisdiction over Defendants based on Plaintiff’s information and good faith belief that each Defendant is a person, firm, corporation or association that either are citizens of the State of California, have sufficient minimum contacts in the State of California, or otherwise purposefully avail themselves of the California market. Defendants’ purposeful availment renders the exercise of personal jurisdiction by California courts consistent with traditional notions of fair play and substantial justice. FIRST CAUSE OF ACTION (Violation of Proposition 65 - Against All Defendants) 28. Plaintiff realleges and incorporates by reference, as if fully set forth herein, Paragraphs 1 through 27, inclusive. 29. The citizens of the State of California have expressly stated in the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health & Safety Code § 25249.5, et seq. (Proposition 65) that they must be informed “about exposures to chemicals that cause cancer, birth defects and other reproductive harm.” (Cal. Health & Safely Code § 25249.6.) 30. 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...” (Id.) 31. On February 12, 2010, a sixty-day notice of violation, together with the requisite certificate of merit, was provided to Paul Frank, Chronicle Books and various public enforcement agencies stating that as a result of Chronicle Books’ sales of the Products listed above in paragraph 7, purchasers and users in the State of California were being exposed to the Listed Chemical resulting from the reasonably foreseeable uses of the Products, without the individual purchasers and users first having been provided with a “clear and reasonable warning” regarding such toxic exposures; and 32. Defendants have engaged in the manufacture, distribution and/or offering of the Products for sale or use in violation of California Health & Safety Code § 25249.6 and plaintiff is informed and believes that Defendants’ manufacture, distribution and/or offering of the 4 COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFco oO ND Products for sale or use in violation of California Health & Safety Code § 25249.6 has continued to occur beyond Defendants’ receipt of Plaintiff's sixty-day notice of violation. Plaintiff further alleges and believes that such violations will continue to occur into the future. 33. After receipt of the claims asserted in the sixty-day notices of violation, the appropriate public enforcement agencies have failed to commence and diligently prosecute a cause of action against Defendants under Proposition 65. 34. The Products manufactured, distributed, and/or offered for sale or use in California by Defendants contained the Listed Chemical above the allowable state limits. 35. Defendants knew or should have known that the Products manufactured, distributed, and/or offered for sale or use by Defendant in California contained the Listed Chemical. 36. The Listed Chemical was 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 the reasonably foreseeable use of the Products. 37. The normal and reasonably foreseeable use of the Products has caused and continues to cause consumer contact and exposures to the Listed Chemical, as such exposure is defined by 27 CCR § 25602(b). 38. Defendants, and each of them, intended that such exposures to the Listed Chemical from the reasonably foreseeable use of the Products would occur by their deliberate, non-accidental participation in the manufacture, distribution and/or offer for sale or use of Products to individuals in the State of California. 39. Defendants failed to provide a “clear and reasonable warning” to those individuals in the State of California who were or who could become exposed to the Listed Chemical through dermal contact and/or ingestion during the reasonably foreseeable use of the Products. 40. 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 use of the Products, COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEFra nw 14 15 sold by Defendants without a “clear and reasonable warning,” have suffered, and continue to suffer, irreparable harm, for which harm they have no plain, speedy or adequate remedy at law. 41. Asaconsequence of the above-described acts, Defendants, and each of them, are liable for a maximum civil penalty of $2,500 per day for each violation pursuant to California Health & Safety Code § 25249.7(b). 42. Asaconsequence of the above-described acts, California Health & Safety Code § 25249.7(a) also specifically authorizes the Court to grant injunctive relief against Defendant. 43. Wherefore, Plaintiff prays for judgment against Defendants, and each of them, as set forth hereinafter. PRAYER FOR RELIEF Wherefore, Plaintiff prays for judgment against Defendants as follows: 1. That the Court assess civil penalties against Defendants, and each of them, in the amount of $2,500 per day for each violation alleged herein (H&S Code § 25249.7(b)); 2. That the Court preliminarily and permanently enjoin Defendants, and each of them, from manufacturing, distributing or offering the Products for sale or use in California, without providing “clear and reasonable warnings” as defined by 27 CCR § 25601, as to the harms associated with exposures to the Listed Chemical (H&S Code § 25249.7(a)); 3. That the Court grant Plaintiff his reasonable attorneys’ fees and costs of suit; and 4. That the Court grants such other and further relief as may be just and proper. Dated: July 32, 2010 Respectfully Submitted, THE CHANLER GROUP on Ss —~\ oo } By: sd Z erect > Attorneys for Plaintiff RUSSELL BRIMER 6 COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF