In May 2021, Anne Marie Ellis, and David DeBerry secured Summary Judgment and a full dismissal for their clients- which were contract manufacturers and retailers of personal care products, in a Proposition 65 lawsuit that raised novel legal issues. The case was pending before Judge Buckley in Los Angeles Superior Court, Complex Division. Judge Buckley granted the Motion for Summary Judgment of seventeen defendants on the grounds that Plaintiff’s Certificate of Merit that accompanied the Notice of Violation was defective. The Court held that Plaintiff failed to provide any admissible evidence demonstrating that she possessed documentation or a factual basis to conclude that Defendants’ California products contained the listed chemicals without the required warning, prior to issuing the Certificates of Merit. The Court found that the undisputed facts indicated that Plaintiff only tested and reviewed products purchased in Illinois, or products purchased online in Illinois, where Prop. 65 does not apply. The Motion followed eighteen months of investigation, discovery, and dealings with the Attorney General. This ruling is a significant victory for the Prop. 65 defense bar as well as these clients.
