60 Day Notice 2020-01634

AG Number: 
2020-01634
Notice PDF: 
Date Filed: 
07/02/2020
Noticing Party: 
California Toxins Project, LLC
Plaintiff Attorney: 
Michael Freund
Alleged Violators: 
All Metals Processing of Orange County, LLC
Chemicals: 
Chromium (hexavalent compounds)
Source: 
All Metals Processing of Orange County, LLC 8401 Standustrial Street, Stanton, CA 90680

60-Day Notice Document

Civil Complaint
AG Number:
2020-01634
Complaint PDF: 
Date Filed:
08/19/2021
Case Name: 
California Toxins Project, LLC vs. All Metals Processing
Court Name: 
Orange County Superior Court
Court Docket Number: 
30-2021-01216949-CU-MC-CJC
Plaintiff: 
California Toxins Project, LLC
Plaintiff Attorney: 
Michael Freund
Defendant: 
All Metals Processing of Orange County, LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Michael Freund
Contact Organization: 
Michael Freund & Associates
Email Address:
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 499-1992
Fax Number:
(510) 371-0885
Supplemental Settlement
AG Number:
2020-01634
Settlement PDF: 
Settlement Date:
04/18/2022
Case Name: 
California Toxins Project vs. All Metals Processing
Court Name: 
Orange County Superior Court
Court Docket Number: 
30-2021-01216949-CU-MC-CJC
Plaintiff: 
California Toxins Project, LLC
Defendant: 
All Metals Processing of Orange County, Inc.
Injunctive Relief: 
Within 120 days of All Metals receiving notice of approval of the permit to construct, All Metals shall install the HEPA filtration system at the Facility, as more fully described in Exhibit B.
*Non-Contingent Civil Penalty:
$ 1,500.00
Attorney(s) Fees and Costs:
$ 30,916.00
Payment in Lieu of Penalty:
$ 5,084.00  (Reimbursement of reasonable costs to CTP in the amount of $2,495. $878.75 to CTP for its work in conducting research and investigation in this case. $1,710 shall be distributed to CTP as an Additional Settlement Payment ("ASP") pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204. CTP will utilize the ASP for activities that address the same public harm as allegedly caused by Defendant in this matter. These activities include but are not limited to the research and investigation of companies emitting toxic chemicals in California, obtaining records, consulting with experts, actual monitoring of toxic air emissions from facilities throughout the State, air dispersion modeling of emissions, and litigation support, all in support of CTP's overreaching goal of reducing and/or eliminating hazardous and toxic chemical emissions in California. CTP's activities will have a direct and primary effect within the State of California because California communities will be benefited by the reduction and/or elimination of Proposition 65 listed chemicals emitted into the atmosphere and by providing clear and reasonable warnings to persons being exposed to levels of chemicals requiring a warning, when warranted. CTP shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how the ASP funds will be spent and can assure that the funds are being spent only for the proper, designated purposes described in this Consent Judgment. CTP shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent. )
Total Payments:
$ 37,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Michael Freund
Contact Organization: 
Michael Freund & Associates
Email Address:
freund1@aol.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 499-1992
Fax Number:
(510) 371-0885
Corrected Settlement
AG Number:
2020-01634
Settlement PDF: 
Settlement Date:
11/24/2021
Case Name: 
California Toxins Project vs. All Metals Processing
Court Name: 
Orange County Superior Court
Court Docket Number: 
30-2021-01216949-CU-MC-CJC
Plaintiff: 
California Toxins Project, LLC
Plaintiff Attorney: 
Michael Freund
Defendant: 
All Metals Processing of Orange County, Inc.
Injunctive Relief: 
Within 120 days of All Metals receiving notice of approval of the permit to construct (the "Compliance Date"), All Metals shall install the HEPA filtration system at the Facility, as more fully described in Exhibit B.
*Non-Contingent Civil Penalty:
$ 1,500.00
Attorney(s) Fees and Costs:
$ 30,916.00
Payment in Lieu of Penalty:
$ 5,084.00  (Reimbursement of costs to CTP in the amount of $2,990 and reimbursement for work involved with research and investigation in the amount of $593.75. $1,500 shall be distributed to CTP as an Additional Settlement Payment ("ASP”), pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204. CTP will utilize the ASP for activities that address the same public harm as allegedly caused by Defendant in this matter. These activities include but are not limited to the research and investigation of companies emitting toxic chemicals in California, obtaining records, consulting with experts, actual monitoring of toxic air emissions from facilities throughout the State, air dispersion modeling of emissions, and litigation support, all in support of CTP’s overarching goal of reducing and/or eliminating hazardous and toxic chemical emissions in California. CTP’s activities will have, a direct and primary effect within the State of California because California communities will be benefited by the reduction and/or elimination of Proposition 65 listed chemicals emitted into the atmosphere and by providing clear and reasonable warnings to persons being exposed to levels of chemicals requiring a warning, when warranted. CTP shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how the ASP funds will be spent and can assure that the funds are being spent only for the proper, designated purposes described in this Amended Consent Judgment. CTP shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent. ) )
Total Payments:
$ 37,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Michael Freund
Contact Organization: 
Michael Freund & Associates
Email Address:
freund1@aol.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley , CA 94704
Phone Number:
(510) 499-1992
Fax Number:
(510) 371-0885
Settlement
AG Number:
2020-01634
Settlement PDF: 
Settlement Date:
11/09/2021
Case Name: 
California Toxins Project, LLC vs. All Metals Processing
Court Name: 
Orange County Superior Court
Court Docket Number: 
30-2021-01216949-CU-MC-CJC
Plaintiff: 
California Toxins Project, LLC
Plaintiff Attorney: 
Michael Freund
Defendant: 
All Metals Processinig or Orange County, Inc.
Injunctive Relief: 
Within 120 days of All Metals receiving notice of approval of the permit to construct (the "Compliance Date"), All Metals shall install the HEPA filtration system at the Facility, as more fully described in Exhibit B. $2,000 shall be distributed to CTP as an Additional Settlement Payment ("ASP”), pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204. CTP will utilize the ASP for activities that address the same public harm as allegedly caused by Defendant in this matter. These activities include but are not limited to the research and investigation of companies emitting toxic chemicals in California, obtaining records, consulting with experts, actual monitoring of toxic air emissions from facilities throughout the State, air dispersion modeling of emissions, and litigation support, all in support of CTP’s overarching goal of reducing and/or eliminating hazardous and toxic chemical emissions in California. CTP’s activities will have, a direct and primary effect within the State of California because California communities will be benefited by the reduction and/or elimination of Proposition 65 listed chemicals emitted into the atmosphere and by providing clear and reasonable warnings to persons being exposed to levels of chemicals requiring a warning, when warranted. CTP shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how the ASP funds will be spent and can assure that the funds are being spent only for the proper, designated purposes described in this Amended Consent Judgment. CTP shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent. )
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 30,916.00
Payment in Lieu of Penalty:
$ 5,584.00  ($593.75 as reimbursement for CTP's reasonable costs incurred in this action and $593.75 for CTP's work in conducting research and investigation in this case. $2000 as an )
Total Payments:
$ 37,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Michael Freund
Contact Organization: 
Michael Freund & Associates
Email Address:
freund1@aol.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 499-1992
Fax Number:
(510) 371-0885
Judgment
AG Number:
2020-01634
Judgment PDF: 
Judgment Date:
05/03/2022
Settlement reported to AG: 
Mon, 04/18/2022
Case Name: 
California Toxins Project LLC vs. All Metals Processing
Court Name: 
Orange County Superior Court
Court Docket Number: 
30-2021-01216949-CU-MC-CJC
Plaintiff: 
California Toxins Project LLC
Plaintiff Attorney: 
Michael Freund
Defendant: 
All Metals Processing of Orange County, Inc.
Injunctive Relief: 
Within 120 days of All Metals receiving notice of approval of the permit to construct from South Coast Air Quality Management District, the company shall install a HEPA filtration system at the Facility, as more fully described in Exhibit G.
*Non-Contingent Civil Penalty:
$ 1,500.00
Attorney(s) Fees and Costs:
$ 30,916.00
Payment in Lieu of Penalty:
$ 5,084.00  (Reimbursement of costs to CTP in the amount of $2,495. $878,75 to CTP for its work in conducting research and investigation in this case. $1,710 as an Additional Settlement Payment ("ASP") pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3201. CTP will utilize the ASP for activities that address the same public harm as allegedly caused by Defendant in this matter. These activities include but are not limited to the research and investigation of companies emitting toxic chemicals in California, obtaining records, consulting with experts, actual monitoring of toxic air emissions from facilities throughout the State, air dispersion modeling of emissions, and litigation support, all in support of CTP's overarching goal of reducing and/or eliminating hazardous and toxic chemical emissions in California. CTP's activities will have, a direct and primary effect within the State of California because California communities will be benefited by the reduction and/or elimination of Proposition 65 listed chemicals emitted into the atmosphere and by providing clear and reasonable warnings to persons being exposed to levels of chemicals requiring a warning, when warranted. CTP shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how the ASP funds will be spent and can assure that the funds are being spent only for proper, designated purposes described in this Second Amended Stipulated Consent Judgment. CTP shall provide the Attorney General, within thirty days of any request, copies of documentation how such funds have been spent.)
Total Payments:
$ 37,500.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Michael Freund
Contact Organization: 
Michael Freund & Associates
Email Address:
freund1@aol.com
Address: 
1919 Addison Street, Suite 104
City, State, Zip:
BERKELEY, CA 94704
Phone Number:
(510) 499-1992
Fax Number:
(510) 371-0885


* A non-contingent civil penalty is the civil penalty that must be paid pursuant to the settlement, regardless of future events or actions of the defendant. If a settlement includes a contingent penalty, the plaintiff should report the additional penalty amount when it becomes due.