P. v. Mehrban

Filed 8/4/06 P. v. Mehrban CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

Appeal from a judgment of Superior Court of Los Angeles County. Lee Edmon, Judge. Affirmed.

Law Offices of Morse Mehrban and Morse Mehrban, in pro. per., for Defendant and Appellant.

Bill Lockyer, Attorney General, Thomas Greene, Chief Assistant Attorney General, Edward G. Weil and Kathryn W. Egolf, Deputy Attorneys General, for Plaintiff and Respondent.

Morse Mehrban (appellant) appeals from a judgment entered after the trial court found that he committed 20 separate violations of Business & Professions Code section 17200,^[1] imposing a sanction of $1,000 per violation. We affirm.

CONTENTIONS

Appellant contends that the trial court erred in holding him liable for 11 of the 20 violations because the evidence showed that he only received written notice that his client, Consumer Cause, Inc. (Consumer Cause), had not complied with Health and Safety Code section 25249.7, subdivision (f)(1) in 9 of the 20 cases at issue. Appellant further contends that because he was liable for only nine of the 20 violations, the statutory penalty of $1,000 per violation should be reduced.

BACKGROUND

From 2000 through 2003, Consumer Cause filed lawsuits alleging violations of the Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. Appellant served as an attorney for Consumer Cause in each of those actions.

A. Appellant's obligation to report to the Attorney General

Proposition 65 (Health & Saf. Code, § 25249.6) provides, in part, that â€