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CONSUMER ADVOCACY GROUP v. KINTETSU ENTERPRISES OF AMERICA

No. B169636.

45 Cal.Rptr.3d 647 (2006)

141 Cal.App.4th 46

CONSUMER ADVOCACY GROUP, INC., Plaintiff and Appellant, v. KINTETSU ENTERPRISES OF AMERICA et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Eight.

July 6, 2006.

Attorney(s) appearing for the Case

Yeroushalmi & Associates, Daniel D. Cho, Reuben Yeroushalmi, Los Angeles, and Daniel J. Hartman for Plaintiff and Appellant Consumer Advocacy Group, Inc.

Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Theodora P. Berger, Assistant Attorney General and Edward G. Weil, Deputy Attorney General, for County as Amicus Curiae on behalf of Plaintiffs and Appellants.

Graham & Martin, Anthony G. Graham, Michael J. Martin, Irvine, for Plaintiffs and Appellants Consumer Defense Group and the McKenzie Group.

Weston Benshoof Rochefort Rubalcava MacCuish, Kurt Weissmuller and Stephanie A. Jones, Los Angeles, for Defendants and Respondents Hotel Sofitel, Accor North America and Kintetsu Enterprises Company of America.

Gibson, Dunn & Crutcher, Scott A. Kruse, Patrick W. Dennis, Los Angeles, and Stephanie A. Hartley for Defendants and Respondents Wyndham International, Inc. and Patriot American Hospitality, Inc.

Jeffer, Mangels, Butler & Marmaro, Jeffrey K. Riffer, Malcolm C. Weiss and David P. Waite, Los Angeles, for Defendant and Respondent California Hotel and Lodging Association Members.

COOPER, P.J.

In 2002, the Legislature required judicial review of Proposition 65 settlements because of concern that "in some cases, defendants and private plaintiffs have found common ground by entering into a settlement that does not provide any real protection to the public in the event of a violation, but does provide compensation to the plaintiffs' attorneys." (Sen. Rules Com., Analysis of Sen. Bill No. 471 (2001-2002 Reg. Sess.) as amended Sept. 13, 2001, p...

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