60 Day Notice 2012-00818

AG Number: 
2012-00818
Notice PDF: 
Date Filed:
12/10/2012
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip Emmons
Alleged Violators: 
Quick Trim, LLC
Windmill Health Products, LLC
Chemicals: 
Lead
Source: 
Dietary supplement

60-Day Notice Document

Civil Complaint
AG Number:
2012-00818
Complaint PDF: 
Date Filed:
07/25/2013
Case Name: 
ERC v. Quick Trim
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-513672
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Quick Trim, LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Philip T. Emmons
Contact Organization: 
Law Office of Philip T. Emmons
Email Address:
Address: 
1990 N. California Blvd., 8th Floor
City, State, Zip:
Walbut Creek, CA 94596
Phone Number:
925-287-6436
Fax Number:
925-287-6437
Comments: 
This is a First Amended Complaint, in which claims regarding this 60-Day Notice (AG#2012-00818) were incorporated into an existing complaint regarding the 60-Day Notice with the AG#2010-00479).
Settlement
AG Number:
2012-00818
Settlement PDF: 
Settlement Date:
08/13/2013
Case Name: 
ERC v. Quick Trim
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-513672
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Law Office of Philip T. Emmons
Injunctive Relief: 
Reformulation, warning requirements, and testing requirements for five years.
*Non-Contingent Civil Penalty:
$ 21,560.00
Attorney(s) Fees and Costs:
$ 63,793.00
Payment in Lieu of Penalty:
$ 64,647.00  (The $63,793 for attorney's fees and costs is divided with $43,793 for attorney's fees and $20,000 considered a reimbursement to plaintiff for its reasonable investigation costs associated with the enforcement of Proposition 65 and other expenses and costs incurred as a result of investigating, bringing this matter to Quick Trim's attention, litigating and negotiating this settlement.)
Total Payments:
$ 150,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Philip T. Emmons
Contact Organization: 
Law Office of Philip T. Emmons
Email Address:
p-emmons@hotmail.com
Address: 
1990 N. California Blvd., 8th Floor
City, State, Zip:
Walnut Creek, CA 94596
Phone Number:
925-287-6436
Fax Number:
925-287-6437
Comments: 
This is a combination settlement of AG#2010-00479 and AG#2012-00818. The release also applies to retailers that are the subject of AG#2012-00392, AG#2012-00394, AG#2012-00395, AG#2012-00396, and AG#2012-00397.
Judgment
AG Number:
2012-00818
Judgment PDF: 
Judgment Date:
02/13/2014
Case Name: 
ERC v. Quick Trim
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-513672
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Quick Trim
Injunctive Relief: 
Reformulation, warning requirements, and testing requirements for five years.
*Non-Contingent Civil Penalty:
$ 21,560.00
Attorney(s) Fees and Costs:
$ 63,793.00
Payment in Lieu of Penalty:
$ 64,647.00  (The $63,793 for attorney's fees and costs is divided with $43,793 for attorney's fees and $20,000 considered a reimbursement to plaintiff for its reasonable investigation costs associated with the enforcement of Proposition 65 and other expenses and costs incurred as a result of investigating, bringing this matter to Quick Trim's attention, litigating and negotiating this settlement.)
Total Payments:
$ 150,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Philip T. Emmons
Contact Organization: 
Law Office of Philip T. Emmons
Email Address:
p-emmons@hotmail.com
Address: 
1990 N. California Blvd., 8th Floor
City, State, Zip:
Walnut Creek, CA 94596
Phone Number:
925-287-6436
Fax Number:
925-287-6437
Comments: 
This is a combination settlement of AG#2010-00479 and AG#2012-00818. The release also applies to retailers that are the subject of AG#2012-00392, AG#2012-00394, AG#2012-00395, AG#2012-00396, and AG#2012-00397.


* 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.