60 Day Notice 2017-00533

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2017-00533
Notice PDF: 
PDF icon 2017-00533.pdf
Date Filed: 
04/11/2017
Noticing Party: 
Center for Advanced Public Awareness, Inc. ("CAPA")
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Alleged Violators: 
South Bay Dreams Cooperative, Inc., doing business as Harbor Collective
Chemicals: 
Marijuana smoke
Source: 
Marijuana Flowers, Buds, and Pre-rolled marijuana products

60-Day Notice Document

Civil Complaint
AG Number:
2017-00533
Complaint PDF: 
PDF icon 2017-00533C4856.pdf
Date Filed:
08/07/2017
Case Name: 
CAPA v SOUTH BAY DREAMS COOPERATIVE, INC.
Court Name: 
San Diego Superior Court
Court Docket Number: 
No. 37-2017-00028974-CU-MC-CTL
Plaintiff: 
Center for Advanced Public Awareness, Inc.
Plaintiff Attorney: 
Matthew C. Maclear, ATA Law Group
Defendant: 
South Bay Dreams Cooperative, Inc., dba Harbor Collective
Does 1-25
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Injunctive Relief
Contact Name: 
Matthew Maclear
Contact Organization: 
ATA Law Group
Email Address:
mcm@atalawgroup.com
Address: 
838 San Pablo Ave, Ste. 115B
City, State, Zip:
Albany, CA 94705
Phone Number:
(415) 568-5200
Civil Complaint
AG Number:
2017-00533
Complaint PDF: 
PDF icon 2017-00533C4750.pdf
Date Filed:
05/31/2017
Case Name: 
CAPA v. South Bay Healing Center, Inc. dba Airfield Supply
Court Name: 
Santa Clara County Superior Court
Court Docket Number: 
17CV311162
Plaintiff: 
Center for Advanced Public Awareness, Inc. ("CAPA")
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
South Bay Healing Center, Inc., d.b.a. Airfield Supply Co.
Does 1-25
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Matthew Maclear
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
mcm@atalawgroup.com
Address: 
828 San Pablo Ave, Suite 115B
City, State, Zip:
Albany, CA 94706
Phone Number:
(415) 568-5200
Settlement
AG Number:
2017-00533
Settlement PDF: 
PDF icon 2017-00533S6194.pdf
Settlement Date:
11/29/2017
Case Name: 
CAPA v SOUTH BAY DREAMS COOPERATIVE, INC.
Court Name: 
San Diego Superior Court
Court Docket Number: 
No. 37-2017-00028974-CU-MC-CTL
Plaintiff: 
Center for Advanced Public Awareness, Inc.
Plaintiff Attorney: 
Matthew Maclear
Defendant: 
South Bay Dreams Cooperative, Inc., dba Harbor Collective
Injunctive Relief: 
Warnings on Product Label or In-Store, plus internet , membership and delivery warnings.
*Non-Contingent Civil Penalty:
$ 24,000.00
Attorney(s) Fees and Costs:
$ 29,422.00
Payment in Lieu of Penalty:
$ 16,578.00  (ADDITIONAL SETTLEMENT PAYMENTS. $16,578.01 shall be distributed to CAPA as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 27, sections 3203, subdivision (d), and 3204. CAPA will utilize the ASP for activities that address the same public harm as allegedly caused by Defendant in this matter. These activities are detailed below and support CAPA’s overarching goal of reducing use, misuse, and exposure to hazardous and toxic chemicals, fostering and increasing the public awareness of chemicals inherent in consumer products, facilitating a safe environment for consumers and employees, and encouraging corporate responsibility. CAPA’s activities have had, and will continue to have, a direct and primary effect within the State of California because California consumers will be benefitted by the reduction of exposure to marijuana smoke and increase informed choices made by patients and consumers before exposure by providing clear and reasonable warnings to California consumers prior to exposure resulting from purchase of the products. CAPA hereby provides the following list of activities CAPA engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (70%-80%): investigating, obtaining, shipping, analyzing, and/or testing dispensaries or products that may contain carcinogenic chemicals contained in marijuana smoke and are sold to and expose California consumers to chemicals listed under Proposition 65; continued monitoring and enforcement of past consent judgments and settlements to ensure companies are in compliance with their obligations thereunder, with a specific focus on those judgments and settlements concerning chemicals of concern (which necessarily includes additional work, investigating, purchasing, processing, analyzing and/or testing consumer products; litigating matters that result in settlements, judgments, defaults, bankruptcies, or dismissals); (2) PUBLIC OUTREACH (5%-10%): public outreach through CAPA’s continuing advocacy in regulatory proceedings and rulemakings related to sales and use of cannabis in California to ensure the public receives information about the carcinogens contained in marijuana smoke; and public service announcements about the risks associated with exposure to marijuana smoke; (3) SPECIAL PROJECTS (up to 5%): projects involving expert, non-legal opinions not specific to any one marijuana smoke case that are necessary to the continued private enforcement of Proposition 65 concerning exposure to marijuana smoke and related chemicals; assessing exposure scenarios and types of products associated with marijuana smoke and related chemical exposures; and/or (4) PRODUCT DATABASE (up to 5%): maintaining a database with all products sold to California consumers that CAPA has obtained which could cause an exposure to marijuana smoke or other toxic, carcinogenic or reproductive harms. CAPA will maintain adequate records to document that the funds paid as an ASP are spent on the activities described herein. CAPA shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent.)
Total Payments:
$ 70,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Matthew Maclear
Contact Organization: 
ATA Law Group
Email Address:
mcm@atalawgroup.com
Address: 
828 San Pablo Ave, Ste. 115B
City, State, Zip:
Albany, CA 94706
Phone Number:
(415) 568-5200
Judgment
AG Number:
2017-00533
Judgment PDF: 
PDF icon 2017-00533J3821.pdf
Judgment Date:
03/02/2018
Settlement reported to AG: 
Mon, 02/12/2018
Case Name: 
CAPA v SOUTH BAY DREAMS COOPERATIVE, INC.
Court Name: 
San Diego Superior Court
Court Docket Number: 
37-2017-00028974-CU-MC-CTL
Plaintiff: 
Center for Advanced Public Awareness, Inc.
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
South Bay Dreams Cooperative, Inc., dba Harbor Collective
Injunctive Relief: 
Warning
*Non-Contingent Civil Penalty:
$ 24,829.00
Attorney(s) Fees and Costs:
$ 27,171.00
Payment in Lieu of Penalty:
$ 18,000.00  ($18,000.01 shall be distributed to CAPA as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 27, sections 3203, subdivision (d), and 3204. CAPA will utilize the ASP for activities that address the same public harm as allegedly caused by Defendant in this matter. These activities are detailed below and support CAPA’s overarching goal of reducing use, misuse, and exposure to hazardous and toxic chemicals, fostering and increasing the public awareness of chemicals inherent in consumer products, facilitating a safe environment for consumers and employees, and encouraging corporate responsibility. CAPA’s activities have had, and will continue to have, a direct and primary effect within the State of California because California consumers will be benefitted by the reduction of exposure to marijuana smoke and increase informed choices made by patients and consumers before exposure by providing clear and reasonable warnings to California consumers prior to exposure resulting from purchase of the prodCuActPs.A hereby provides the following list of activities CAPA engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (70%-80%): investigating, obtaining, shipping, analyzing, and/or testing dispensaries or products that may contain carcinogenic chemicals contained in marijuana smoke and are sold to and expose California consumers to chemicals listed under Proposition 65; continued monitoring and enforcement of past consent judgments and settlements to ensure companies are in compliance with their obligations thereunder, with a specific focus on those judgments and settlements concerning chemicals of concern (which necessarily includes additional work, investigating, purchasing, processing, analyzing and/or testing consumer products; litigating matters that result in settlements, judgments, defaults, bankruptcies, or dismissals); (2) PUBLIC OUTREACH (5%-10%): public outreach through CAPA’s continuing advocacy in regulatory proceedings and rulemakings related to sales and use of cannabis in California to ensure the public receives information about the carcinogens contained in marijuana smoke; and public service announcements about the risks associated with exposure to marijuana smoke; (3) SPECIAL PROJECTS (up to 5%): projects involving expert, non-legal opinions not specific to any one marijuana smoke case that are necessary to the continued private enforcement of Proposition 65 concerning exposure to marijuana smoke and related chemicals; assessing exposure scenarios and types of products associated with marijuana smoke and related chemical exposures; and/or (4) PRODUCT DATABASE (up to 5%): maintaining a database with all products sold to California consumers that CAPA has obtained which could cause an exposure to marijuana smoke or other toxic, carcinogenic or reproductive harms. CAPA will maintain adequate records to document that the funds paid as an ASP are spent on the activities described herein. CAPA shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent. 4.7 Defendant shall issue separate 1099 forms for each of its payments under this Consent Judgment to the persons identified below: (a) “Center for Advanced Public Awareness, Inc.,” whose address and tax identification number shall be furnished after this Consent Judgment has been fully executed by the Parties. (b) “Aqua Terra Aeris Law Group,” for attorneys’ fees and costs reimbursed pursuant to Section 4.4. For any payment that is returned for insufficient funds, payment must be made by a cashier’s check within ten (10) calendar days of notification of insufficient funds.)
Total Payments:
$ 70,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Matthew C. Maclear
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
mcm@atalawgroup.com
Address: 
828 San Pablo Avenue, Suite 115B
City, State, Zip:
Albany, CA 94706
Phone Number:
(415) 568-5200

* 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.