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Consumer Law
Consumer Protection
Violation of Proposition 65

Arthur Zivkovic v. Metropolitan Vacuum Cleaner Company Inc., and Does 1 through 100, inclusive

Published: Oct. 20, 2017 | Result Date: Jul. 20, 2017 | Filing Date: Mar. 29, 2017 |

Case number: CGC-17-557831 Settlement –  $4,000

Judge

Harold E. Kahn

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Noam Glick
(Entorno Law LLP)

Kelsey D. McCarthy
(Glick Law Group)

Craig M. Nicholas
(Entorno Law LLP)

Shaun A. Markley
(Nicholas & Tomasevic LLP)


Defendant

Barbara R. Adams
(Clark Hill LLP)


Facts

Arthur Zivkovic sued Metropolitan Vacuum Cleaner Co., involving alleged violations of Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS: Defendant allegedly manufactured, sold, or otherwise made available, the Metro air Force PVC Standard Flexible Hose, a product containing DEHP, DIDP, and DINP, chemicals known in the state to cause birth defects or other reproductive harm without providing the requisite Prop. 65 warnings.

DEFENDANT'S CONTENTIONS: Defendant denied the allegations and asserted various affirmative defenses.

Result

Metropolitan agreed to settle the dispute by providing the requisite warnings and paying $4,000 in civil penalties.


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