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Notice Of Motion And Motion To Enforce Consent Judgment And For Sanctions
Matter on the Law & Motion/Discovery Calendar for Tuesday, June 10, 2025, line 1, PLAINTIFF PRECILA BALABBO'S Motion To Enforce Consent Judgment And For Sanctions
The unopposed motion to enforce consent judgment and for sanctions is granted in part. Plaintiff shows that defendant Pinnacle Brands LLC has not complied with its payment obligations under the settlement agreement.
The court orders Pinnacle Brands to make payment of all outstanding amounts to Plaintiff within 15 days of entry of this order and to provide a verified statement to Plaintiffs and the court that sales of the products at issue in this case comply with the warning requirements of Proposition 65 as described in the Consent Judgment. The statement shall be provided within 15 days of entry of this order.
The court issues an order to show cause and sets the matter for hearing on July 18, 2025. By that date in open court, or by verified statement submitted at least five court days in advance of hearing, Pinnacle Brands shall show cause why it should not be sanctioned in the amount of $3000, payable to Plaintiff, for failure to make payment of outstanding amounts under the parties' settlement agreement and for failure to comply with the warning requirements of Proposition 65 with respect to the hand sanitizer products that are the subject of Plaintiff's action, as required by this order and the consent judgment.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. = (302/CVA) | |
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