Leeman v. Adams Extract & Spice, LLC
Annotate this CaseLeeman filed a private enforcement action under Health and Safety Code 25249.5 (Proposition 65), alleging that t Adams Extract & Spice failed to issue an adequate warning that its product contained a chemical identified on the Governor’s list “of those chemicals known to the state to cause cancer or reproductive toxicity .” A successful plaintiff in such an action is entitled to recover attorney fees under Code of Civil Procedure 1021.5. The parties settled shortly before trial, including a stipulated award of $72,500.00 for attorney fees and costs, incurred by Leeman. In confirming the settlement, the court modified the attorney fee amount by reducing it to $35,839.67. The court of appeal reversed. The trial court had the right to reject the settlement agreement in its entirety, and refuse to “approve the settlement” if the court determined that $72,500.00 was unfair or unreasonable, but lacked authority to modify any of the terms of the settlement agreement unilaterally, thus requiring the parties to accept a settlement to which they have not agreed.
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