Defeating a Prop. 65 Claim Asserted By Plaintiffs and Supported by the California Deputy Attorney General

Plaintiffs filed suit against multiple defendants, asserting several causes of action, including one for Prop. 65 and another pursuant to Business & Professions Code section 17200 (B&P 17200).  Immediately, however, we discovered that the 60-day notice served in advance of the lawsuit, as required under Prop. 65, was deficient in that plaintiffs failed to provide the facts necessary to put the alleged violators on notice of what they did wrong and how they violated Prop. 65. Further, and based on recent changes in the law, plaintiffs could no longer rely on Prop. 65 to support their B&P 17200 claim. Accordingly, we attacked both causes of action by motion, and asked the Court to dismiss both without leave to amend, as the defects set forth above were jurisdictional, and therefore incurable.  The Court agreed, granted our motion, and dismissed both causes of action without leave to amend.  Richard Dongell, Michael Gallagher, and Associate Michael Gold worked together in developing these arguments.