Cal. Code Regs. Tit. 11, § 3205 - Other Provisions

Certain other provisions of a settlement may either be unlawful or contrary to public policy, and could provide the basis for an objection by the Attorney General.

(a) Releases or other language describing the intended scope of claims resolved or barred by the settlement shall not purport to:

(1) Be on behalf of the People of the State of California. Appropriate language is that the plaintiffs are "suing 'in the public interest' pursuant to Health and Safety Code section 25249.7(d)" and "suing 'in the interest of ... the general public' pursuant to Business and Professions Code section 17204" (whichever applies to the action).

(2) Release or resolve any claim by individuals with personal injuries, unless those claims were properly raised in the complaint and litigated in the action.

(3) Release or resolve any claim concerning listed chemicals that are not present in the product at the time of entry of judgment, or any claim concerning chemicals that are not on the list of chemicals known to the state to cause cancer or reproductive toxicity, but may become listed in the future.

(4) Release or resolve any claim concerning chemicals or exposures not set forth in the sixty-day notice of violation.

(5) Immunize any defendant from any duty caused by a change in law, or to impose a duty that is removed by a change in law.

Notes

Cal. Code Regs. Tit. 11, § 3205

1. Renumbering of former section 3204 to section 3205, including amendment of subsection (a)(1), filed 8-30-2016; operative 10-1-2016 (Register 2016, No. 36).

Note: Authority cited: Sections 25249.7(f)(4) and 25249.7(f)(5), Health and Safety Code. Reference: Sections 25249.7(f)(4) and 25249.7(f)(5), Health and Safety Code.

1. Renumbering of former section 3204 to section 3205, including amendment of subsection (a)(1), filed 8-30-2016; operative 10/1/2016 (Register 2016, No. 36).