19STCV42657 APS&EE, LLC vs SPEEDY METALS, LLC

Plaintiff’s Motion to Approve Proposition 65 Settlement and Consent Judgment

TENTATIVE RULING: The motion is DENIED. The court sets a Case Management Conference for October 30, 2020 at 8:30 a.m.

Plaintiff APS&EE, LLC filed a complaint against Defendant Speedy Metals, LLC for civil penalties and injunctive relief related to an alleged Proposition 65 violation relating to the presence of lead in brass bars manufactured, distributed, sold, and/or offered for sale to consumers in California. The Court entered default against Defendant on January 21, 2020; however, on May 7, 2020, the parties agreed to a Consent Judgment.

Plaintiff claims each sale of a product was a severe violation of Proposition 65, yet the totality of the civil penalty agreed upon is $3,500. Defendant will pay $2,625.00 of the total to State of California Office of Environmental Health Hazard Assessment (“OEHHA”) and the remaining $875.00 to Plaintiff. While this distrib