This Tentative Ruling is made by Judge Stephen Pulido The motion of Plaintiff Environmental Research Center, Inc. for leave to file a First Amended Complaint against Defendant Simple Health LLC (dba Tosi), pursuant to CCP § 473(a)(1), is DENIED.
This is a Proposition 65 case. Defendant Simple Health LLC (dba Tosi) ("Tosi") makes, distributes and sells health food products in California. Plaintiff alleges in the Complaint filed on April 6, 2021 that its Tosi Super Greens contain excessive levels of lead and that consumers are not properly warned. Plaintiff alleges that it complied with the exhaustion requirements under Proposition 65 by serving various enforcement entities a Notice of Violation relating to the Tosi Super Greens on October 20, 2020. Defendant answered on May 24, 2021. Plaintiff requests leave to amend so that it can include in this lawsuit the additional Tosi products referenced in its later Notices of Violation served on April 20, 2021 and May 20, 2021. Defendant advis
Hearing Date
September 09, 2021
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This Tentative Ruling is made by Judge Stephen Pulido The motion of Plaintiff Environmental Research Center, Inc. for leave to file a First Amended Complaint against Defendant Simple Health LLC (dba Tosi), pursuant to CCP § 473(a)(1), is DENIED.
This is a Proposition 65 case. Defendant Simple Health LLC (dba Tosi) ("Tosi") makes, distributes and sells health food products in California. Plaintiff alleges in the Complaint filed on April 6, 2021 that its Tosi Super Greens contain excessive levels of lead and that consumers are not properly warned. Plaintiff alleges that it complied with the exhaustion requirements under Proposition 65 by serving various enforcement entities a Notice of Violation relating to the Tosi Super Greens on October 20, 2020. Defendant answered on May 24, 2021. Plaintiff requests leave to amend so that it can include in this lawsuit the additional Tosi products referenced in its later Notices of Violation served on April 20, 2021 and May 20, 2021. Defendant advis