1st Appellate District
Disposition
Lee v. Amazon.com, Inc.
Division 2
Division 2
Case Number A158275
Description:
Reversed & remanded to trial court w/directions
Date:
03/11/2022
Disposition Type:
Final
The judgment is reversed and the matter is remanded for further proceedings in accordance with the views expressed in this opinion. On remand, if Lee is able to establish all the elements of his claims as to the products purchased from Amazon and tested for mercury content, the trial court shall determine whether the products with different ASINs identified in Lee's pretrial brief as among the 11 products at issue were in fact the same products as the ones for which samples were tested, and shall determine penalties in accordance with Health and Safety Code section 25249.7 for any violations of Proposition 65 established.
The judgment is reversed and the matter is remanded for further proceedings in accordance with the views expressed in this opinion. On remand, if Lee is able to establish all the elements of his claims as to the products purchased from Amazon and tested for mercury content, the trial court shall determine whether the products with different ASINs identified in Lee's pretrial brief as among the 11 products at issue were in fact the same products as the ones for which samples were tested, and shall determine penalties in accordance with Health and Safety Code section 25249.7 for any violations of Proposition 65 established.
Publication Status:
Signed Published
Author:
Kline, J. Anthony
Participants:
Stewart, Therese M. (Concur)
Richman, James A. (Concur)
Richman, James A. (Concur)
Case Citation:
none
Click here to request automatic e-mail notifications about this case.