February 20, 2026
Court of Appeal, Fourth Appellate District, Division One
The Rule of Environmental Health Advocates, Inc. v. Pancho Villa's, Inc. is that Proposition 65's pre-suit notice requirements are given directory effect and substantial compliance is the governing test, under circumstances where technical deviations from specific notice requirements do not undermine the core purposes of enabling prosecuting agencies to assess potential enforcement actions, allowing violators to cure violations, and defining the scope of the private party's right to sue.