LOS ANGELES (Legal Newsline) – A California district alleges a general building materials company based in Ohio has sold products in the state that contained volatile organic compound in excess of regulatory limits.
People of the State of California ex rel. South Coast Air Quality Management District filed a complaint Nov. 30, 2018, in the Los Angeles County Superior Court against The Sherwin-Williams Co. and Does 1-50 alleging strict liability and violation of California Health and Safety Code.
According to the complaint, the South Coast Air Quality Management District sent notice of violations to Sherwin-Williams in 2015 and 2016 regarding allegations of exceeding volatile organic compound (VOCs) limits.
The suit states Sherwin-Williams sold or offered for sale architectural coatings, adhesives, sealants, paint thinners and/or multipurpose solvents that contained VOCs in excess of regulatory limits.
The plaintiffs hold The Sherwin-Williams Co. and Does 1-50 responsible because the defendants allegedly have negligently emitted air contaminants by selling architectural coatings containing excessive VOCs to customers.
The plaintiffs request a trial by jury and seek judgment against defendant, civil penalties in the amount of $10,000 per violation, $40,000 for every knowing violation, $25,000 for every negligent violation and $75,000 per willful and intentional violation of California Health and Safety Codes; costs of suit; costs of inspection; investigation; attorneys' fees; enforcement; prosecution and suit; and further relief as the court deems just. The plaintiffs are represented by William B. Wong of South Coast Air Quality Management District in Diamond Bar, California.
The defendant removed the case to the U.S. District Court for the Central District of California on Jan. 10.
U.S. District Court for the Central District of California case number 2:19-cv-00234