KATHERINE TYLER VS. B&G FOODS, INC., A DELAWARE CORPORATION ET AL

Set for Law and Motion/Discovery Calendar on Friday, January 30, 2026, Line 11. 1 - PLAINTIFF KATHERINE TYLER's MOTION TO STRIKE.

Plaintiff's motion to strike the introduction in the "Second Amended General Denial" is granted without leave to amend. Per CCP 436(a), the court may "[s]trike out any irrelevant, false, or improper matter" inserted in the answer/denial. As the court previously ruled, the statements regarding defendant's business ("delicious food"), plaintiffs' counsel's work on a sex exploitation case, prior Proposition 65 litigation, etc. are legally irrelevant to the germane issues in this case. Since the introduction (an attempt to sully plaintiff and counsel) is unnecessary, the court strikes the allegations without leave to amend.

Plaintiff correctly notes that "anyone can bring a Proposition 65 lawsuit against the seller of products containing chemicals that may cause cancer or reproductive toxicity without purchasing anything from the seller or suffering any individual harm." (Consumer Advocacy Group, Inc. v. Walmart, Inc. (2025) 112 Cal.App.5th 679, 689). While Proposition 65 vindicates public rights, there is no "public interest" defense nor can relief be denied because plaintiff's counsel allegedly engaged in prior misconduct. (Id.; Health & Safety Code 25249.7(d).)

The issue is whether defendant's product contains a listed chemical and whether a proper warning was issued. The Attorney General's review of the certificate of merit vets whether the claim is in the public interest. (Health & Safety Code 25249.7(d), (e).) The information in the introduction is unnecessary for the court to determine if a subsequent settlement (if any) is in the public interest/fair.

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