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Michael Freund SBN 99687
Ryan Hoffman SBN 283297
Michael Freund & Associates ELECTRONICAL
LY
1919 Addison Street, Suite 105 FILED
Berkeley, CA 94704 Superior Court of Califprnia,
> County of San Francisco
Telephone: (510) 540-1992 AUG 08 2014
Facsimile: (510) 340-3543
G10) Clerk of the Court
BY: ROMY RISK
Attomeys for Plaintiff Deput} Clerk
ENVIRONMENTAL RESEARCH CENTER
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
ENVIRONMENTAL RESEARCH CENTER, CASE NO. CGC-13-532166
a California non-profit corporation
DECLARATION OF RYAN
Plaintiff, HOFFMAN IN SUPPORT OF
MOTION TO APPROVE
vs. SETTLEMENT AND FOR ENTRY OF
CONSENT JUDGMENT
FIRST FITNESS INTERNATIONAL, INC.,
and DOES 1-100 JUDGE: ERNEST J. GOLDSMITH
DEPT.; 302
Defendants. HEARING DATE: 09/23/14
HEARING TIME: 9:30 A.M.
RESERVATION NO.: 080714-14
I, Ryan Hoffman declare:
i. Tam an attorney in this case for plaintiff Environmental Research Center (hereinafter
“ERC”). [am admitted to practice law before all of the courts of this State. [ was admitted to
practice law in California on June 7, 2012. [have personal knowledge of the statements
contained herein and would testify competently thereto if called as a witness,
2. Thave been working with Michael Freund on cases for ERC since October of 2011.
ERC has been testing numerous nutritional health supplements from many companies
by sending such products to a certified laboratory specializing in the testing of lead. To date, my
work in this case has involved telephone and email communication with ERC and its counsel,
Page 1 of 2
DECLARATION OF RYAN HOFFMAN IN SUPPORT OF MOTION TO APPROVE SETTLEMENT AND FOR
ENTRY OF CONSENT JUDGMENTreviewing the existing case file and the Defendant’s website, preparing and filing a complaint
and associated documents, preparing and serving written discovery (form interrogatories, special
interrogatories, requests for admission, and requests for production of documents), and preparing
the motion to approve settlement in this matter. | will also appear at the hearing on the Motion t
Approve Settlement as necessary, prepare the Notice of Entry of Judgment, and upload all
appropriate documents to the Attorney General Proposition 65 website.
3. A total of 29.8 hours of work is necessary to complete my work in this case. All fees
either have been or will be necessary and reasonably incurred in the successful prosecution of
this case. All of my work has been contemporaneously recorded, with the exception of the
amount of time anticipated to be required for mailing the motion to approve settlement and
associated documents, attending the hearing of the motion to approve settlement, preparing and
mailing the Notice of Entry of Judgment, and uploading all appropriate documents to the
Attorney General Proposition 65 website. My hourly fee for this case was $175.00 per hour, a
reasonable fee given my level of experience. Accordingly, my total fees for this case are
$5,207.00. A true and correct copy of my time sheet in this case is set forth as Exhibit A.
4, In my capacity as counsel for ERC in this case, 1 am familiar with ERC’s summary of
the test results supporting its August 5, 2013 Notice of Violation in this matter. A true and
correct copy of this summary is attached hereto as Exhibit B.
§, 1 declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
DATED: August 8, 2014
Le7 Lp}
Rye Hoffman
Attorney for Plaintiff
ENVIRONMENTAL RESEARCH CENTER
Page 2 of 2
DECLARATION OF RYAN HOFFMAN IN SUPPORT OF MOTION TO APPROVE SETTLEMENT AND FOR
ENTRY OF CONSENT JUDGMENTINDEX TO EXHIBITS
Exhibit A — Billing statement for Ryan Hoffman
Exhibit B — ERC’s summary of the test results supporting its August 5, 2011 Notice of
Violation to First Fitness International, Inc.Billing Statement
Billing Statement
Confidential
Page 1
5,215.00
“EXPENSE.
6/17/2013
6/17/2013
12/18/2013
12/18/2013
“TOTALS
19-Mar-13}:
Reviewed case file and prepared complaint.
12-Jun-13). 5
Reviewed company website and prepared complaint.
V7-sun-13)
Prepared complaint, summons, and civil case coversheet;
printed and prepared complaint for filing; filed complaint; travel
to and from.
21-Jun-13
Scanned and uploaded complaint to AG website.
adul-13
Scanned summons, notice of cmc, and adr package; prepared
proof of service; located and contacted process server to
arrange service.
3-Jul-13
of service; travel to and from.
Reviewed, printed, and prepared proof of service for filing; filed proof)...
8-Nov-13
to Michael Freund.
}Phone call with Michael Freund; checked case status with Court; email |-.
21-Nov-13)
Prepared FROGs, RFAs, RFPDs, and SROGs.
5-Dec-13
Prepared FROGs, RFAs, RFPDs, SROGs, and supporting deciaration.
14-Dec-13
Revisions to discovery.
15-Dec-13)
Email correspondence with Michael Freund; revisions to discovery.
18-Dec-13
Prepared proof of service; revisions to RFPDs and SROGs; prepared
discovery for printing; arranged printing of discovery; prepared
discovery for mailing; mailed discovery; travel to and from.
18-Feb-13}-<
Prepared RFA supporting declaration and proof of service.
19-Feb-14)
travel to and from.
Prepared RFA supporting declaration for mailing; mailed declaration; |.
5-Aug-14)
Reviewed case file; email correspondence with ERC; email
“| correspondence with Michael Freund; phone call with Michal Freund;
prepared MTA; prepared affidavit verifying compliance with
regulatory requirements; prepared proposed order and supporting
declaration.
6-Aug-14]
Email correspondence and phone call with ERC; reviewed declaration
of costs; prepared MTA
7-Aug-14).
Reserved hearing date for MTA
17.50.
Exhibit ABilling Statement
Confidential
8-Aug-14
| Prepared MTA and associated documents; printed and prepared MTA
and associated documents for mailing.
Time anticipated to be required for mailing the motion to approve
settlement and associated documents, attending the hearing of the
motion to approve settlement, preparing and mailing the Notice of
Entry of Judgment, and uploading all appropriate documents to the
Attorney General Proposition 65 website.FirstEitness RejuvacCel with Giucosanol
002285
Caplet
3.74
121063
0.61 1.2478 3 1 2.28
FirstFitness LipoMax Liver Cleanse 002286 Capsules. 0.55 0.5838 2 2 2.34 1.28 201391
FirstFitness Renu Ultimate Colon Cleanse 002287 Capsules. 0.92 0.5146 2 2 2.06 1.89 11233
FirstFitness Slim ‘N Up! Xtreme 002288 Capsules 1.15 0.58 1 3 174 2.00 11206
1.51 0.6177, 3 2 3.71 5,60 _jSample Result, 121064
FirstFitness Vital Green Plus 002290 Capsules 1.13 0.6177 3 2 3.71 4.19 |Duplicate Result
1.32 0.6177 3 2 3.71 4.89 lAverage Result
~ ~ ~ 022114
FirstFitness Suddenly Slim Body FX Tropical Creme 002291 Powder 0.02 44 1 3 132.00 2.64
Weight Contro! Beverage Mix
i \
=.) Environmental Research Center
B
Exhib
Preview
Michael Freund SBN 99687 Ryan Hoffman SBN 283297 Michael Freund & Associates ELECTRONICAL LY 1919 Addison Street, Suite 105 FILED Berkeley, CA 94704 Superior Court of Califprnia, > County of San Francisco Telephone: (510) 540-1992 AUG 08 2014 Facsimile: (510) 340-3543 G10) Clerk of the Court BY: ROMY RISK Attomeys for Plaintiff Deput} Clerk ENVIRONMENTAL RESEARCH CENTER SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO ENVIRONMENTAL RESEARCH CENTER, CASE NO. CGC-13-532166 a California non-profit corporation DECLARATION OF RYAN Plaintiff, HOFFMAN IN SUPPORT OF MOTION TO APPROVE vs. SETTLEMENT AND FOR ENTRY OF CONSENT JUDGMENT FIRST FITNESS INTERNATIONAL, INC., and DOES 1-100 JUDGE: ERNEST J. GOLDSMITH DEPT.; 302 Defendants. HEARING DATE: 09/23/14 HEARING TIME: 9:30 A.M. RESERVATION NO.: 080714-14 I, Ryan Hoffman declare: i. Tam an attorney in this case for plaintiff Environmental Research Center (hereinafter “ERC”). [am admitted to practice law before all of the courts of this State. [ was admitted to practice law in California on June 7, 2012. [have personal knowledge of the statements contained herein and would testify competently thereto if called as a witness, 2. Thave been working with Michael Freund on cases for ERC since October of 2011. ERC has been testing numerous nutritional health supplements from many companies by sending such products to a certified laboratory specializing in the testing of lead. To date, my work in this case has involved telephone and email communication with ERC and its counsel, Page 1 of 2 DECLARATION OF RYAN HOFFMAN IN SUPPORT OF MOTION TO APPROVE SETTLEMENT AND FOR ENTRY OF CONSENT JUDGMENTreviewing the existing case file and the Defendant’s website, preparing and filing a complaint and associated documents, preparing and serving written discovery (form interrogatories, special interrogatories, requests for admission, and requests for production of documents), and preparing the motion to approve settlement in this matter. | will also appear at the hearing on the Motion t Approve Settlement as necessary, prepare the Notice of Entry of Judgment, and upload all appropriate documents to the Attorney General Proposition 65 website. 3. A total of 29.8 hours of work is necessary to complete my work in this case. All fees either have been or will be necessary and reasonably incurred in the successful prosecution of this case. All of my work has been contemporaneously recorded, with the exception of the amount of time anticipated to be required for mailing the motion to approve settlement and associated documents, attending the hearing of the motion to approve settlement, preparing and mailing the Notice of Entry of Judgment, and uploading all appropriate documents to the Attorney General Proposition 65 website. My hourly fee for this case was $175.00 per hour, a reasonable fee given my level of experience. Accordingly, my total fees for this case are $5,207.00. A true and correct copy of my time sheet in this case is set forth as Exhibit A. 4, In my capacity as counsel for ERC in this case, 1 am familiar with ERC’s summary of the test results supporting its August 5, 2013 Notice of Violation in this matter. A true and correct copy of this summary is attached hereto as Exhibit B. §, 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: August 8, 2014 Le7 Lp} Rye Hoffman Attorney for Plaintiff ENVIRONMENTAL RESEARCH CENTER Page 2 of 2 DECLARATION OF RYAN HOFFMAN IN SUPPORT OF MOTION TO APPROVE SETTLEMENT AND FOR ENTRY OF CONSENT JUDGMENTINDEX TO EXHIBITS Exhibit A — Billing statement for Ryan Hoffman Exhibit B — ERC’s summary of the test results supporting its August 5, 2011 Notice of Violation to First Fitness International, Inc.Billing Statement Billing Statement Confidential Page 1 5,215.00 “EXPENSE. 6/17/2013 6/17/2013 12/18/2013 12/18/2013 “TOTALS 19-Mar-13}: Reviewed case file and prepared complaint. 12-Jun-13). 5 Reviewed company website and prepared complaint. V7-sun-13) Prepared complaint, summons, and civil case coversheet; printed and prepared complaint for filing; filed complaint; travel to and from. 21-Jun-13 Scanned and uploaded complaint to AG website. adul-13 Scanned summons, notice of cmc, and adr package; prepared proof of service; located and contacted process server to arrange service. 3-Jul-13 of service; travel to and from. Reviewed, printed, and prepared proof of service for filing; filed proof)... 8-Nov-13 to Michael Freund. }Phone call with Michael Freund; checked case status with Court; email |-. 21-Nov-13) Prepared FROGs, RFAs, RFPDs, and SROGs. 5-Dec-13 Prepared FROGs, RFAs, RFPDs, SROGs, and supporting deciaration. 14-Dec-13 Revisions to discovery. 15-Dec-13) Email correspondence with Michael Freund; revisions to discovery. 18-Dec-13 Prepared proof of service; revisions to RFPDs and SROGs; prepared discovery for printing; arranged printing of discovery; prepared discovery for mailing; mailed discovery; travel to and from. 18-Feb-13}-< Prepared RFA supporting declaration and proof of service. 19-Feb-14) travel to and from. Prepared RFA supporting declaration for mailing; mailed declaration; |. 5-Aug-14) Reviewed case file; email correspondence with ERC; email “| correspondence with Michael Freund; phone call with Michal Freund; prepared MTA; prepared affidavit verifying compliance with regulatory requirements; prepared proposed order and supporting declaration. 6-Aug-14] Email correspondence and phone call with ERC; reviewed declaration of costs; prepared MTA 7-Aug-14). Reserved hearing date for MTA 17.50. Exhibit ABilling Statement Confidential 8-Aug-14 | Prepared MTA and associated documents; printed and prepared MTA and associated documents for mailing. Time anticipated to be required for mailing the motion to approve settlement and associated documents, attending the hearing of the motion to approve settlement, preparing and mailing the Notice of Entry of Judgment, and uploading all appropriate documents to the Attorney General Proposition 65 website.FirstEitness RejuvacCel with Giucosanol 002285 Caplet 3.74 121063 0.61 1.2478 3 1 2.28 FirstFitness LipoMax Liver Cleanse 002286 Capsules. 0.55 0.5838 2 2 2.34 1.28 201391 FirstFitness Renu Ultimate Colon Cleanse 002287 Capsules. 0.92 0.5146 2 2 2.06 1.89 11233 FirstFitness Slim ‘N Up! Xtreme 002288 Capsules 1.15 0.58 1 3 174 2.00 11206 1.51 0.6177, 3 2 3.71 5,60 _jSample Result, 121064 FirstFitness Vital Green Plus 002290 Capsules 1.13 0.6177 3 2 3.71 4.19 |Duplicate Result 1.32 0.6177 3 2 3.71 4.89 lAverage Result ~ ~ ~ 022114 FirstFitness Suddenly Slim Body FX Tropical Creme 002291 Powder 0.02 44 1 3 132.00 2.64 Weight Contro! Beverage Mix i \ =.) Environmental Research Center B Exhib