60 Day Notice 2020-01625

AG Number: 
2020-01625
Notice PDF: 
Date Filed: 
07/01/2020
Noticing Party: 
CalSafe Research Center, Inc.
Plaintiff Attorney: 
Manning Law, APC
Alleged Violators: 
Mexicorp, LLC
99 Cents Only Store
Chemicals: 
Acrylamide
Source: 
Mexicorp, LLC Corn Tostadas

60-Day Notice Document

Civil Complaint
AG Number:
2020-01625
Complaint PDF: 
Date Filed:
01/15/2021
Case Name: 
CalSafe Research Center, Inc. v Mexicorp LLC
Court Name: 
Orange County Superior Court
Court Docket Number: 
30-2021-01179086-CU-TT-CXC
Plaintiff: 
CalSafe Research Center, Inc.
Plaintiff Attorney: 
Manning Law, APC
Defendant: 
Mexicorp, LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Joseph Richard Manning
Contact Organization: 
Manning Law, APC
Address: 
20062 SW Birch St, Ste 200
City, State, Zip:
Newport Beach, CA 92660
Phone Number:
(949) 200-8755
Fax Number:
866-843-8308
Corrected Settlement
AG Number:
2020-01625
Settlement PDF: 
Settlement Date:
06/09/2022
Case Name: 
Calsafe Research Center Inc. v Mexicorp, LLC
Court Name: 
Orange County Superior Court
Court Docket Number: 
30-2021-01179086-CU-TT-CXC
Plaintiff: 
CalSafe Research Center, Inc.
Plaintiff Attorney: 
Manning Law, APC.
Defendant: 
Mexicorp, LLC
Injunctive Relief: 
Reformulation and labeling
*Non-Contingent Civil Penalty:
$ 7,800.00
Attorney(s) Fees and Costs:
$ 37,000.00
Payment in Lieu of Penalty:
$ 3,700.00  (Additional Settlement Payment ("ASP"))
Total Payments:
$ 48,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Joseph R Manning
Contact Organization: 
Manning Law, APC
Address: 
26100 Towne Centre Drive
City, State, Zip:
Foothill Ranch, CA 92610
Phone Number:
(949) 200-8755
Fax Number:
(866) 843-8308
Corrected Settlement
AG Number:
2020-01625
Settlement PDF: 
Settlement Date:
11/29/2021
Case Name: 
CalSafe Research Center, Inc. v Mexicorp LLC
Court Name: 
Orange County Superior Court
Court Docket Number: 
30-2021-01179086-CU-TT-CXC
Plaintiff: 
CalSafe Research Center, Inc.
Plaintiff Attorney: 
Manning Law, APC.
Defendant: 
Mexicorp, LLC
Injunctive Relief: 
If Defendant does not achieve the Target Level by the Effective Date, the following warning must be utilized (“Warning”) until such time as it achieves the Target Level: WARNING: Consuming this product can expose you to acrylamide which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov/food. The Warning shall be securely affixed to or printed upon the package or label of each Covered Product. Defendant must display the above Warning with such conspicuousness, as compared with other words, statements or designs on the label or package, to render the Warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use of the product. Extra-Territorial Effect. Nothing in this Consent Judgment requires that warnings be given for any Products that are not shipped for sale in California.
*Non-Contingent Civil Penalty:
$ 7,275.00
Attorney(s) Fees and Costs:
$ 33,950.00
Payment in Lieu of Penalty:
$ 7,275.00  ($4,850 as an Additional Settlement Payment (“ASP”) to CRC $2,425 shall be distributed to CRC as reimbursement to CRC for reasonable costs for testing and bringing this action.)
Total Payments:
$ 48,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Joseph R. Manning Jr.
Contact Organization: 
Manning Law, APC
Email Address:
p65@manninglawoffice.com
Address: 
20062 SW Birch St, Ste 200
City, State, Zip:
Newport Beach, CA 92660
Phone Number:
(949) 200-8755
Fax Number:
(866) 843-8308
Comments: 
Consent judgment was corrected pursuant to request by Attorney General.
Corrected Settlement
AG Number:
2020-01625
Settlement PDF: 
Settlement Date:
08/18/2021
Case Name: 
CalSafe Research Center, Inc. v Mexicorp LLC
Court Name: 
Orange County Superior Court
Court Docket Number: 
30-2021-01179086-CU-TT-CXC
Plaintiff: 
CalSafe Research Center, Inc.
Plaintiff Attorney: 
Manning Law, APC
Defendant: 
Mexicorp, LLC
Injunctive Relief: 
If Defendant does not achieve the Target Level by the Effective Date, the following warning must be utilized (“Warning”) until such time as it achieves the Target Level: WARNING: Consuming this product can expose you to acrylamide which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov/food. The Warning shall be securely affixed to or printed upon the package or label of each Covered Product. Defendant must display the above Warning with such conspicuousness, as compared with other words, statements or designs on the label or package, to render the Warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use of the product. Extra-Territorial Effect. Nothing in this Consent Judgment requires that warnings be given for any Products that are not shipped for sale in California.
*Non-Contingent Civil Penalty:
$ 7,275.00
Attorney(s) Fees and Costs:
$ 33,950.00
Payment in Lieu of Penalty:
$ 7,275.00  (($4,850 as an Additional Settlement Payment (“ASP”) to CRC $2,425 shall be distributed to CRC as reimbursement to CRC for reasonable costs for testing and bringing this action.))
Total Payments:
$ 48,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Joseph R. Manning, Jr.
Contact Organization: 
Manning Law, APC
Email Address:
p65@manninglawoffice.com
Address: 
20062 SW Birch Street, 3
City, State, Zip:
Newport Beach, CA 92660
Phone Number:
(949) 200-8755
Fax Number:
866-843-8308
Settlement
AG Number:
2020-01625
Settlement PDF: 
Settlement Date:
03/03/2021
Case Name: 
CalSafe Research Center, Inc. v Mexicorp LLC
Court Name: 
Orange County Superior Court
Court Docket Number: 
30-2021-01179086-CU-TT-CXC
Plaintiff: 
CalSafe Research Center, Inc.
Plaintiff Attorney: 
Manning Law, APC
Defendant: 
Mexicorp, LLC
Injunctive Relief: 
Defendant shall reduce the level of acrylamide in its Covered Products shipped for sale in California to 281 parts per billion, calculated pursuant to the protocol described in Paragraph 3.3 (the “Target Level”), or be subject to the provisions of Paragraph 4. If Defendant does not achieve the Target Level by the Effective Date, the following warning must be utilized (“Warning”) until such time as it achieves the Target Level: WARNING: Consuming this product can expose you to acrylamide which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov/food. The Warning shall be securely affixed to or printed upon the package or label of each Covered Product. Defendant must display the above Warning with such conspicuousness, as compared with other words, statements or designs on the label or package, to render the Warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use of the product.
*Non-Contingent Civil Penalty:
$ 7,275.00
Attorney(s) Fees and Costs:
$ 33,950.00
Payment in Lieu of Penalty:
$ 7,275.00  ($4,850 as an Additional Settlement Payment (“ASP”) to CRC $2,425 shall be distributed to CRC as reimbursement to CRC for reasonable costs for testing and bringing this action.)
Total Payments:
$ 48,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Joseph R. Manning, Jr.
Contact Organization: 
Manning Law, APC
Email Address:
p65@manninglawoffice.com
Address: 
20062 SW Birch Street, 3
City, State, Zip:
Newport Beach, CA 92660
Phone Number:
(949) 200-8755
Fax Number:
866-843-8308
Judgment
AG Number:
2020-01625
Judgment PDF: 
Judgment Date:
05/10/2023
Settlement reported to AG: 
Thu, 06/09/2022
Case Name: 
Calsafe Research Center Inc. v Mexicorp, LLC
Court Name: 
Orange County Superior Court
Court Docket Number: 
30-2021-01179086-CU-TT-CXC
Plaintiff: 
CalSafe Research Center, Inc.
Plaintiff Attorney: 
Manning Law, APC.
Defendant: 
Mexicorp, LLC
Injunctive Relief: 
Reformulation and labeling
*Non-Contingent Civil Penalty:
$ 7,800.00
Attorney(s) Fees and Costs:
$ 37,000.00
Payment in Lieu of Penalty:
$ 3,700.00  (Additional Settlement Payment ("ASP"))
Total Payments:
$ 48,500.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Joseph R Manning
Contact Organization: 
Manning Law, APC
Address: 
26100 Towne Centre Drive
City, State, Zip:
Foothill Ranch, CA 92610
Phone Number:
(949) 200-8755
Fax Number:
(866) 843-8308


* 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.