60 Day Notice 2017-01417

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2017-01417
Notice PDF: 
PDF icon 2017-01417.pdf
Date Filed: 
05/16/2017
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
Ava Enterprises, Inc.
Fry's Electronics, Inc.
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Dash Cameras with Polymer Suction Cups

60-Day Notice Document

Civil Complaint
AG Number:
2017-01417
Complaint PDF: 
PDF icon 2017-01417C5731.pdf
Date Filed:
01/23/2019
Case Name: 
CAG v. Frys's Electronics, Inc
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC691116
Plaintiff: 
Consumer Advocacy Group, Inc.
Defendant: 
Fry's Electronics, Inc
AVA Enterprises, Inc
Boss Audio Systems
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Cost of Suite; Reasonable Attorney Fee and Costs; Any further relief that the court may deem just and equitable
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
Settlement
AG Number:
2017-01417
Settlement PDF: 
PDF icon 2017-01417S7123.pdf
Settlement Date:
11/16/2018
Case Name: 
Consumer Advocacy Group, Inc. v. Fry's Electronics, Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC691116
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Ava Enterprises, Inc.
Injunctive Relief: 
Reformulation of covered products to contain less than 0.1% by weight (1,000 ppm) of DEHP. Compliant warnings on existing inventory.
*Non-Contingent Civil Penalty:
$ 16,000.00
Attorney(s) Fees and Costs:
$ 42,000.00
Payment in Lieu of Penalty:
$ 12,000.00  (CAG will use this additional Settlement Payment as follows, eighty five percent (85%) for fees of investigation, purchasing and testing for Proposition 65 listed chemicals 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 Proposition 65 listed chemicals, 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 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 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. Within 30 days of a request from the Attorney General, CAG shall provide to the Attorney General copies of documentation demonstrating how the above funds have been spent. )
Total Payments:
$ 70,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
lawfirm@yeorushalmi.com
Address: 
9100 Wilshire Blvd., Ste. 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
310.623.1926
Comments: 
This settlement also covers notice AG2017-01536.
Judgment
AG Number:
2017-01417
Judgment PDF: 
PDF icon 2017-01417J4136.pdf
Judgment Date:
04/16/2019
Settlement reported to AG: 
Fri, 11/16/2018
Case Name: 
CAG v. Fry's Electronics, Inc., et al.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC691116
Plaintiff: 
Consumer Advocacy Group, Inc.
Defendant: 
Ava Enterprises, Inc.
Boss Audio Systems
Fry's Electronics, Inc.
Injunctive Relief: 
Reformulation of less than 0.1% of DEHP. For Covered Products in existing inventory, Defendant will place Proposition 65 compliant warnings
*Non-Contingent Civil Penalty:
$ 16,000.00
Attorney(s) Fees and Costs:
$ 42,000.00
Payment in Lieu of Penalty:
$ 12,000.00  (Defendant shall issue one check to OEHHA in the amount of $12,000, representing 75% of the civil penalty. Defendant shall issue one check to CAG in the amount of $4,000, representing 25% of the civil penalty. CAG will use the payment in lieu of the civil penalties for such projects and purposes related to environmental protection, worker health and safety, or reduction of human exposure to hazardous substances.)
Total Payments:
$ 70,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi and Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd., Suite 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.