Whitney R. Leeman v. Partrade Trading Company LLC, and Does 1 through 150, inclusive
Published: Dec. 20, 2014 | Result Date: Apr. 9, 2014 | Filing Date: Jan. 1, 1900 |Case number: CIV1304144 Settlement – $46,000
Court
Marin Superior
Attorneys
Plaintiff
Christopher M. Martin
(The Chanler Group)
Defendant
Raymond H. Hua
(Yukevich Cavanaugh)
Facts
Whitney Leeman sued Partrade Trading Company LLC, for alleged violations of Proposition 65.
Contentions
PLAINTIFF'S CONTENTIONS:
Leeman claimed that Partrade manufactured or otherwise made available for sale vinyl covered hoof picks, 6-way revolving leather punches, and fence pliers that contained DEHP, a product known in California to cause birth defects and other reproductive harm, without providing warnings required by Proposition 65.
DEFENDANT'S CONTENTIONS:
Partrade denied Leeman's allegations.
Result
The parties entered into a consent judgment that provided for injunctive and monetary relief of $36,000. Partrade agreed to only manufacture or make available for sale reformulated products and provide the requisite warnings. In addition, Partrade also agreed to pay a total of $13,000 in civil penalties. The $46,000 settlement includes $33,000 in attorney fees. The remaining $13,000 is the agreed upon civil penalty, $10,000 of which will be waived upon compliance with the conditions of the consent judgment.
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