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Consumer Law
Consumer Protection
Violation of Proposition 65

Victoria Jamison v. Simply Home Solutions Inc., Amazon Inc., and Does 1 through 10

Published: Mar. 19, 2021 | Result Date: Feb. 10, 2021 | Filing Date: Oct. 16, 2020 |

Case number: 37-2020-00037545-CU-MC-CTL Settlement –  $27,000

Judge

Ronald L. Styn

Court

San Diego County Superior Court


Attorneys

Plaintiff

George D. Rikos
(Law Office of George D. Rikos)


Defendant

Joshua D. Levine
(Littler Mendelson PC)


Facts

Plaintiff Victoria Jamison filed a lawsuit against defendants Simply Home Solutions, Inc. and Amazon.com, Inc. for violation of California's Proposition 65 or Health and Safety Code Section 25249.5.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants continue to knowingly and intentionally expose consumers who have dermal contact with the coin purse product defendants sell thus exposing consumers to the chemical Diethylhexylphalate or DEHP. DEHP is listed on the State of California as a chemical known to cause cancer. Plaintiff contended that defendant's products failed to provide a clear and reasonable warning about the contents of DEHP pursuant to Health and Safety Code Section 25249.6

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions.

Result

The parties entered into a consent judgment to settle the case. According to the consent judgment, defendant Simply Home Solutions agreed to pay a total amount of $27,000 in settlement of the case. In addition, defendant will pay $2,250 to the State of California's Office of Environmental Health Hazard Assessment as penalties and $750 to Victoria Jamison. Plaintiff's attorney's fees will be awarded in the amount of $24,000.


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