60 Day Notice 2019-00397

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2019-00397
Notice PDF: 
PDF icon 2019-00397.pdf
Date Filed: 
02/22/2019
Noticing Party: 
Evelyn Wimberley
Plaintiff Attorney: 
Stephen Ure
Alleged Violators: 
The Home Depot, Inc.
Sherwin-Williams
Makita Corporation
DeWalt Industrial Power Tools
Lowe's Home Centers LLC
Robert Bosch LLC
Makita Corporation of America
Wagner SprayTech Corporation
Porter Cable Corporation
3M
Stanley Black & Decker
Warner Manufacturing
Homax Products Inc
Chemicals: 
Lead and lead compounds
Wood dust
Source: 
Rhodes American Steel Wool
3M Heavy Duty Stripping Pads
Dremel Multi-Max Universal Quick Fit Pads
HDX Paint Scraper
Milwaukee 1/4 Sheet Palm Sander
Makita Finishing Sander
DeWalt Random Orbit Sander Kit
Bosch Random Orbit Sander Kit
Wagner Paint Eater
Porter Cable Random Orbit Sander
3M Pro-Pak All Purpose Sandpaper
Warner Paint and Wall Scraper
3M All Purpose SAnding Sponge
Economy Paint Stripping Tool
NOTE: 
This notice is withdrawn as to Warner Manufacturing (paint and wall scraper) in a letter to the Office of the Attorney General dated May 21, 2019. This notice is withdrawn as to Home Depot, Lowes Home Centers, LLC, Sherwin-Williams, Robert Bosch, LLC, Homax Products Inc., Makita Corporation of America, Porter Cable Corporation, 3M and Stanely Black & Decker in a letter to the Office of the Attorney General dated April 15, 2019.

60-Day Notice Document

Settlement
AG Number:
2019-00397
Settlement PDF: 
PDF icon 2019-00397S9091.pdf
Settlement Date:
12/12/2020
Case Name: 
Evelyn Wimberley v. Wagner Spraytech Corporation et.al.
Court Name: 
San Diego Superior Court
Court Docket Number: 
37-2019-00036958-CU-PO-NC
Plaintiff: 
Evelyn Wimberley
Plaintiff Attorney: 
Stephen Ure
Defendant: 
Wagner Spraytech
The Home Depot, Inc
Injunctive Relief: 
Commencing ten (10) days after the Execution Date, Wagner shall not sell, offer for sale, ship for sale or otherwise distribute or allow to be distributed in California any Covered Products, unless the sales and distribution of the Covered Products are in full compliance with California Code of Regulations, Title 27, Article 6, Clear and Reasonable Warning Requirements Sec. 25601-25603 (see also: "wwwP65Warnings.ca.gov."). Covered Products that were manufactured, packed, or labeled prior to the Execution Date shall be permitted to be sold as previously manufactured, packed or labeled.
*Non-Contingent Civil Penalty:
$ 100.00
Attorney(s) Fees and Costs:
$ 9,900.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 10,000.00
Will settlement be submitted to court?
No
Contact Name: 
Stephen Ure
Contact Organization: 
Law Offices of Stephen Ure, PC
Email Address:
sure@urelaw.com
Address: 
11622 El Camino Real, Suite 100
City, State, Zip:
San Diego, CA 92130
Phone Number:
(161) 923-55400
Comments: 
The court case is to be dismissed and the Settlement between the parties is Private.

* 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.