EMA BELL VS. BUGATTI GROUP, INC. ET AL

Matter on calendar for Tuesday, July 8, 2025, Line 3, DEFENDANT THE BUGATTI GROUP INC.'s Motion For Certificate Of Merit Review And For Sanctions Against Plaintiff Ema Bell And Her Counsel.

1 - Defendant's motion for certificate of merit review and sanctions is denied. First, defendant can bring such a motion "if the trial court determines that there was no actual or threatened exposure to a listed chemical." (Health & Safety Code section 25249.7(h)(2).) Here, plaintiff dismissed this action and the court never made that predicate factual determination.

Second, defendant fails to show that "there was no credible factual basis for the certifier's belief that an exposure to a listed chemical had occurred or was threatened." (Health & Safety Code section 25249.7(h)(2).) The notebook lacked a Proposition 65 warning and the laboratory test report indicated that it contained 150,000 ppm of di(2-ethylhexyl) phthalate ("DEHP"). (Smith Dec., pars. 3-7; Watkins Dec., Ex. E.) Plaintiff also relied on the opinion of toxicologist Dr. Lagalante, who opined that there was exposure. (Smith Dec. in Support of Fee Motion, Ex. J.) Based on this record, the court cannot conclude that the certificate of merit was frivolous.

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. =(301/CVA). | |