Consumer Defense Group v. Rental Housing Industry Members

Opinion

SILLS, P. J.—

I. INTRODUCTION

A prerequisite for the private enforcement by way of litigation of the warning provisions of Proposition 65 is a 60-day notice from the would-be private enforcer to the alleged violator and to relevant prosecutorial authorities—particularly the Attorney General’s office—sufficient to give the alleged violator and the appropriate governmental authorities opportunity to both undertake a meaningful investigation and instigate remedial action prior to the filing of litigation. (Yeroushalmi v. Miramar Sheraton (2001) 88 Cal.App.4th 738, 740 [106 Cal.Rptr.2d 332]…