60 Day Notice 2020-02248

AG Number: 
2020-02248
Notice PDF: 
Date Filed: 
09/01/2020
Noticing Party: 
California Toxins Project, LLC
Plaintiff Attorney: 
Michael Freund
Alleged Violators: 
Metal Improvement Company, LLC dba EM Coating Services
Chemicals: 
Chromium (hexavalent compounds)
Source: 
6940 Farmdale Ave., North Hollywood, CA 91605
Comments: 
This Notice of Violation corrects AG No. 2020-01639.

60-Day Notice Document

Civil Complaint
AG Number:
2020-02248
Complaint PDF: 
Date Filed:
08/09/2021
Case Name: 
California Toxins Project, LLC vs. Metal Improvement Company
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
21STCV29339
Plaintiff: 
California Toxins Project, LLC
Plaintiff Attorney: 
Michael Freund
Defendant: 
Metal Improvement Company, LLC, dba EM Coating Services
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:
2020-02248
Settlement PDF: 
Settlement Date:
10/20/2021
Case Name: 
California Toxins Project, LLC vs. Metal Improvement Company
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
21STCV29339
Plaintiff: 
Callifornia Toxins Project, LLC
Plaintiff Attorney: 
Michael Freund
Defendant: 
Metal Improvement Company, LLC, dba EM Coating Services
Injunctive Relief: 
Within sixty (60) days of EM Coating Services receiving a notice of approval of the permit to construct from the South Coast Air Quality Management District, EM Coating Services shall install the HEPA filtration system at the Facility as set forth in Exhibit B.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 29,838.00
Payment in Lieu of Penalty:
$ 6,662.00  (Reimbursement of costs to California Toxins Project in the amount of $4,236.59 and reimbursement for time spent researching and investigating this case in the amount of $1,425.00. Payment of $1,000 as an Additional Settlement Payment for activities that address the same public harm as caused by Defendant in this matter. )
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
Settlement
AG Number:
2020-02248
Settlement PDF: 
Settlement Date:
09/07/2021
Case Name: 
California Toxins Project, LLC vs. Metal Improvement Company
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
21STCV29339
Plaintiff: 
California Toxins Project, LLC
Plaintiff Attorney: 
Michael Freund
Defendant: 
Metal Improvement Company, LLC, dba EM Coating Services
Injunctive Relief: 
Within sixty (60) days of EM Coating Services receiving notice of approval of the permit to construct from the South Coast Air Quality Management District, EM Coating Services shall install the HEPA filtration system at the Facility as set forth in Exhibit B.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 29,838.00
Payment in Lieu of Penalty:
$ 6,662.00  (Reimbursement of costs to California Toxins Project in the amount of $4,236.59 and reimbursement for time spent researching and investigating this case in the amount of $1,425.00. Payment of $1,000 as an Additional Settlement Payment for activities that address the same public harm as caused by Defendant in this matter. )
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:
2020-02248
Judgment PDF: 
Judgment Date:
10/28/2021
Settlement reported to AG: 
Wed, 10/20/2021
Case Name: 
California Toxins Project vs. Metal Improvement Company
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
21STCV29339
Plaintiff: 
California Toxins Project, LLC
Plaintiff Attorney: 
Michael Freund
Defendant: 
Metal Improvement Company, LLC dba EM Coating Services
Injunctive Relief: 
Within sixty (60) days of receiving approval from the South Coast Air Quality Management District to construct, EM Coating Services shall install a HEPA filtration system as set forth in Exhibit B. EM Coating Services shall take all reasonable and practicable measures to reduce the amount of chromium (hexavalent compounds) emitted into the neighborhood surrounding the Facility.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 29,838.00
Payment in Lieu of Penalty:
$ 6,662.00  (Reimbursement to CTP its reasonable costs in the amount of $4,236.59. Reimbursement to CTP for its work conducting research and investigation to bring this case in the amount of $1,425.00. $1,000.00 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
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 105
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.