Cal. Code Regs. tit. 11 § 3001

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 3001 - Definitions

(a) "Subject to a Settlement" means that a written settlement agreement has been signed by the private enforcer and the alleged violator, or an oral agreement has been stated on the record in court in such manner as to render the agreement enforceable pursuant to Code of Civil Procedure section 664.6, even if the settlement is contingent on the entry of a judgment pursuant to stipulation or other judicial approval.

(b) "Subject to a Judgment," means that the court has entered a judgment pursuant to stipulation, or that the court has entered an order entitling a party to entry of judgment (e.g., order granting a motion for summary judgment, order sustaining demurrer), regardless of whether the actual form of judgment has yet been prepared, approved, or filed.

(c) "Private Proposition 65 Action," means any complaint filed by a Private Enforcer in court in which a violation of Proposition 65 is alleged and the Private Enforcer is proceeding pursuant to Health and Safety Code section 25249.7(d).

(d) "Other Private Action Alleging Violations of Proposition 65" means a complaint filed by a Private Enforcer in which a violation of Proposition 65 is alleged, but the plaintiff is not proceeding pursuant to Health and Safety Code section 25249.7(d).

(e) "Settlement" means any agreement to resolve all or part of (1) an action in which a violation of Proposition 65 is alleged, or (2) any violation alleged in a notice given pursuant to Health and Safety Code section 25249.7(d)(1). "Settlement" includes any settlement by which injunctive relief, whether permanent or preliminary, is agreed upon, and also includes any agreement pursuant to which the case is dismissed, except for a voluntary dismissal in which no consideration is received from the defendant. Private Enforcers shall comply with these requirements for each partial settlement and any final settlement.

(f) "Additional Settlement Payment" means any settlement payment that is not a civil penalty, a reimbursement of costs, or a payment of attorney's fees.

(g) "Private Enforcer" means an individual or entity that gives notice of an alleged violation of Health and Safety Code section 25249.5 or 25249.6 pursuant to section 25249.7, subdivision (d)(1), or a person that has filed an Other Private Action Alleging Violations of Proposition 65.

Cal. Code Regs. Tit. 11, § 3001

1. New section filed 6-1-2001; operative 7-1-2001 (Register 2001, No. 22).
2. Amendment of subsection (c) filed 12-31-2001 as an emergency; operative 1-1-2002 (Register 2002, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-1-2002 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (c) refiled 4-23-2002 as an emergency; operative 5-1-2002 (Register 2002, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-29-2002 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (c) refiled 8-29-2002 as an emergency; operative 8-29-2002 (Register 2002, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-27-2002 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-29-2002 order, including further amendment of section, transmitted to OAL 12-4-2002 and filed 1-17-2003 (Register 2003, No. 3).
6. Amendment of subsection (e) and new subsections (f) and (g) filed 8-30-2016; operative 10-1-2016 (Register 2016, No. 36).

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