Photo of Bao Vu

Bao Vu is an experienced litigator who has successfully prosecuted claims and defended his clients in state and federal courts throughout the U.S., including through arbitration and trial. He also has experience briefing and arguing appeals. He regularly counsels and defends industrial facilities, as well as food, nutritional supplement, fashion accessory, and footwear manufacturers and retailers, in California Safe Drinking Water and Toxic Enforcement Act (Proposition 65) matters too.

INTRODUCTION

California apartment and other residential rental property landlords and their agents (e.g., property managers) with more than 10 employees need to comply with the State’s Safe Drinking Water and Toxic Enforcement Act (“Prop 65”).

Today, many landlords comply with Prop 65 by posting signs in building common areas that meet specific size,

The California Office of the Attorney General is seeking to limit certain payment provisions common in Prop. 65 plaintiffs’ settlements with defendants. The proposed rulemaking, published September 25, 2015, would limit the sums payable to the plaintiffs “in lieu of” civil penalties (often referred to as “Additional Settlement Payments”), as well as require ongoing judicial supervision of how plaintiffs actually expend these funds. The proposal would also permit award of plaintiff’s attorneys’ fees and costs only in cases where there a “significant” public benefit was obtained. The Attorney General’s office stated that the proposals are intended to bring Prop. 65 practice more in line with the drafters’ intent, as well as increase public accountability of the plaintiffs’ bar.
Continue Reading California Attorney General Targets Prop. 65 Plaintiffs’ Settlement Terms