60 Day Notice 2021-00445

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2021-00445
Notice PDF: 
PDF icon 2021-00445.pdf
Date Filed: 
02/23/2021
Noticing Party: 
Evelyn Wimberley
Plaintiff Attorney: 
Stephen Ure
Alleged Violators: 
Sportsmans Market Inc, dba "Sporty's"
Emson
Chemicals: 
Lead and lead compounds
Source: 
50' Expanding Garden Hose pro Extreme (Big Boss XHose Pro Garden Hose)

60-Day Notice Document

Settlement
AG Number:
2021-00445
Settlement PDF: 
PDF icon 2021-00445S1391.pdf
Settlement Date:
02/17/2023
Case Name: 
Evelyn Wimberley v. E. Mishan & Sons
Court Name: 
San Diego Superior Court
Court Docket Number: 
37-2021-000041188-CU-NP-NC
Plaintiff: 
Evelyn Wimberley
Plaintiff Attorney: 
Stephen Ure
Defendant: 
E. Mishan & Sons
Injunctive Relief: 
Commencing 60 days after 2/17/2023, Mishan shall not sell, offer for sale, ship for sale or otherwise distribute or allow to be distributed in California any covered products, unless it meets the following requirements: 1. Mishan may also satisfy Proposition 65, by ensuring the sales and distribution of the covered products into California are in full compliance with the Code of Regulations title 27, Article 6, Clear and Reasonable Warning Requirements Sec. 25601-25603 (see also: "www.P65Warnings.ca.gov.") or, 2. Covered products that were manufactured, packed, or labeled prior to the Execution Date shall be permitted to be sold as previously manufactured, packed or labeled.
*Non-Contingent Civil Penalty:
$ 500.00
Attorney(s) Fees and Costs:
$ 17,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 17,500.00
Will settlement be submitted to court?
No
Contact Name: 
Stephen Ure
Contact Organization: 
Law Offices of Stephen Ure PC
Email Address:
sure@urelaw.com
Address: 
11622 El Camino Real, Suite 100
City, State, Zip:
San Diego, CA 92130
Phone Number:
(161) 950-49392
Comments: 
Parties agreed to dismiss court cases and enter into a Private Settlement

* A non-contingent civil penalty is the civil penalty that must be paid pursuant to the settlement, regardless of future events or actions of the defendant. If a settlement includes a contingent penalty, the plaintiff should report the additional penalty amount when it becomes due.