CONSUMER DEFENSE v. RENTAL HOUSING INDUSTRY

Nos. G035101, G035154.

40 Cal.Rptr.3d 832 (2006)

137 Cal.App.4th 1185

CONSUMER DEFENSE GROUP et al., Plaintiffs and Respondents, v. RENTAL HOUSING INDUSTRY MEMBERS, Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

March 24, 2006.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Thomas J. Greene, Chief Assistant Attorney General, Theodora Berger, Senior Assistant Attorney General, Kathryn W. Egolf and Edward G. Weil, Deputies Attorney General, for Objector and Appellant People of the State of California.

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

Jeffer, Mangels Butler & Marmaro, Jeffrey K. Riffer, Malcolm Weiss and David Waite, Los Angeles, for 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...

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