60 Day Notice 2019-00136

AG Number: 
2019-00136
Notice PDF: 
Date Filed: 
01/18/2019
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
dd's Discounts
Ross Stores, Inc.
Ross Stores, Inc. dba dd's Discounts
Ross Dress For Less, Inc.
Ross Procurement, Inc.
Olivia Miller, Inc.
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Plastic Sequin Handbag

60-Day Notice Document

Supplemental Complaint
AG Number:
2019-00136
Complaint PDF: 
Date Filed:
01/07/2020
Case Name: 
Consumer Advocacy Group, Inc. v. Ross Stores, Inc. dba DD's
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
19STCV25883
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Ross Stores, Inc., dba DD’s Discounts
Ross Dress for Less, Inc.
Ross Procurement, Inc.
Ross Procurement, Inc. Nicole Miller Ltd. Soho
Enchante Accessories, Inc.
Olivia Miller, Inc.
ABG Juicy Couture, LLC
Tri Coastal Design Group, Inc.
Mann & Bros., Inc., dba Imperial Handkerchiefs
Argento SC by Sicura Inc.
Type of Claim: 
Failure to Warn
Toxic-Tort
Relief Sought: 
Warning
Civil Penalty
Injunction
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi Law Firm
Email Address:
Address: 
9100 Wilshire Blvd 240w
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
Supplemental complaint also pertains to AG notice numbers: 2019-00136, 2019-00664, 2019-00119, 2019-00414, 2019-00607, 2019-00740, 2019-00781, 2019-00266, 2019-00670, 2019-00735, 2019-00671, and 2019-00612.
Civil Complaint
AG Number:
2019-00136
Complaint PDF: 
Date Filed:
07/23/2019
Case Name: 
CAG v. Ross Stores, Inc., et al.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
19STCV25883
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Ross Stores, Inc.
Ross Dress For Less, Inc.
Ross Procurement, Inc.
Nicole Miller Ltd. Soho
Enchante Accessories, Inc.
Olivia Miller, Inc.
ABG Juicy Couture, LLC
Tri Coastal Design Group, Inc.
Mann & Bros., Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Civil Penalty
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Consumer Advocacy Group, Inc.
Email Address:
Address: 
9100 Wilshire Blvd, Ste. 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
Note that this complaint also includes the following notices: 1. 2019-00664 2. 2019-00119 3. 2019-00414 4. 2019-00607 5. 2019-00740 6. 2019-00781 7. 2019-00266 8. 2019-00670 9. 2019-00735 10. 2019-00671 11. 2019-00612
Settlement
AG Number:
2019-00136
Settlement PDF: 
Settlement Date:
02/01/2022
Case Name: 
Consumer Advocacy Group, Inc. v. Ross Stores, Inc., et al.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
19STCV25883
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Olivia Miller, Inc., a New York Corporation
Injunctive Relief: 
Within 90 days After the Effective Date, Settling Defendant shall not order for manufacture any Covered Products with any component that contains the Listed Chemical(s) in excess of 0.1% (1,000 parts per million) by weight. Any Covered Products that Settling Defendant manufacture for sale, distribute for sale, or ship for sale within 90 days after the Effective Date that was ordered for manufacture prior to the Effective Date, must contain a clear and reasonable warning, consistent with 27 CCR section 25600 et seq.
*Non-Contingent Civil Penalty:
$ 16,020.00
Attorney(s) Fees and Costs:
$ 110,000.00
Payment in Lieu of Penalty:
$ 11,980.00  (CAG will use this portion of the Total Settlement Payment as follows, eighty-five percent (85%) for fees of investigation, purchasing and testing for the Proposition 65 Listed Chemical in various products, and for expert fees for evaluating exposures through various mediums, including but not limited to consumer product, occupational, and environmental exposures to the Proposition 65 Listed Chemical, and the cost of hiring consulting and retaining experts who assist with the extensive scientific analysis necessary for those files in litigation and to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees; fifteen percent (15%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to the Proposition 65 Listed Chemicals by notifying those persons and/or entities believed to be responsible for such exposures and attempting to persuade those persons and/or entities to reformulate their products or the source of exposure to completely eliminate or lower the level of the Proposition 65 Listed Chemicals including but not limited to costs of documentation and tracking of products investigated, storage of products, website enhancement and maintenance, computer and software maintenance, investigative equipment, CAG’s member’s time for work done on investigations, office supplies, mailing supplies and postage.)
Total Payments:
$ 138,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Associates
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd Ste 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
This executed settlement also covers notices with AG Nos.: 2019-01763, 2020-00531, 2020-02075-, 2020-02266, and 2020-03055
Judgment
AG Number:
2019-00136
Judgment PDF: 
Judgment Date:
05/13/2022
Settlement reported to AG: 
Tue, 02/01/2022
Case Name: 
Consumer Advocacy Group, Inc. v. Ross Stores, Inc., et al.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
19STCV25883
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Olivia Miller, Inc., a New York Corporation
Injunctive Relief: 
Within 90 days After the Effective Date, Settling Defendant shall not order for manufacture any Covered Products with any component that contains the Listed Chemical(s) in excess of 0.1% (1,000 parts per million) by weight. Any Covered Products that Settling Defendant manufacture for sale, distribute for sale, or ship for sale within 90 days after the Effective Date that was ordered for manufacture prior to the Effective Date, must contain a clear and reasonable warning, consistent with 27 CCR section 25600 et seq.
*Non-Contingent Civil Penalty:
$ 16,020.00
Attorney(s) Fees and Costs:
$ 110,000.00
Payment in Lieu of Penalty:
$ 11,980.00  (CAG will use this portion of the Total Settlement Payment as follows, eighty-five percent (85%) for fees of investigation, purchasing and testing for the Proposition 65 Listed Chemical in various products, and for expert fees for evaluating exposures through various mediums, including but not limited to consumer product, occupational, and environmental exposures to the Proposition 65 Listed Chemical, and the cost of hiring consulting and retaining experts who assist with the extensive scientific analysis necessary for those files in litigation and to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees; fifteen percent (15%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to the Proposition 65 Listed Chemicals by notifying those persons and/or entities believed to be responsible for such exposures and attempting to persuade those persons and/or entities to reformulate their products or the source of exposure to completely eliminate or lower the level of the Proposition 65 Listed Chemicals including but not limited to costs of documentation and tracking of products investigated, storage of products, website enhancement and maintenance, computer and software maintenance, investigative equipment, CAG’s member’s time for work done on investigations, office supplies, mailing supplies and postage.)
Total Payments:
$ 138,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd Ste 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926


* 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.