Solus Industrial Innovations v. Superior Court CA4
A local plastics manufacturer, Solus Industrial Innovations LLC (Solus), installed a residential electric water heater for use in its extrusion operations. In March 2009, the heater exploded, killing two workers. The state Division of Occupational Safety and Health (the Division) referred the case to the local district attorney’s office. The district attorney filed criminal charges against Solus’ plant manager and maintenance supervisor, and also filed a civil action against Solus itself. The civil action sought penalties for the unsafe operation of the water heater under two Labor Code statutes, sections 6428 and 6429, and also sought remedies for violation of California’s occupational safety standards under the state’s unfair competition law (UCL) (Bus. & Prof. Code, § 17200), and fair advertising law (FAL) (Bus. & Prof. Code, § 17500). Solus demurred to all four causes of action.
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