Owen, Patterson & Owen, LLP filed a complaint in the Los Angeles Superior Court on November 23, 2020, for Trespass, Private Nuisance-Continuing, Public Nuisance-Continuing, Negligence, Inverse Condemnation, Strict Liability for Ultrahazardous Activities, Intentional Infliction of Emotional Distress and Fraudulent Concealment. Defendants, FivePoint Holdings, LLC; FivePoint Valencia; Associated Tank Constructors, Inc.; Santa Clarita Valley Water Agency, and/or DOES 1 to 100, inclusive, are responsible for the violation of your right to “quiet use and enjoyment” of your property, for “trespass” on your property, and for causing physical injury to some of your neighbors. We represent more than 150 residents in your area.
If you live on Shadow Rock Ln, Boulder Crest Dr, Pebble Ridge Pl, Shadow Rock Ln, Granite Ridge Ct, Jasper Ct, Quartz Mesa Ln, Slate Ct, Lone Rock Ct, Stonegate Dr, Knoll Ct or Emerald Ct, you and your family have been endangered by the toXic particles that were blasted into the air by the sandblasting that took place as part of the FivePoint Valencia project.
The residents of Westridge/Stevenson Ranch were wrongfully endangered by the toxic particles blasted into the air by the sandblasting that occurred as part of the FivePoint Valencia project. These toxic particles invaded your air conditioning ducts, pool equipment, draperies, landscaping, vehicles, and elsewhere. We have inspected several hundred homes in the subject area and many have thick layers of the particles, whereas others have barely visible residue. ALL RESIDENTS IN YOUR AREA WERE AFFECTED, including children and pets.
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SEQUENCE OF EVENTS
- This sandblasting project began in June 2020 as part of the FivePoint Valencia project.
- Upon inspection of various properties on your street and in your neighborhood, we found toxic particles. In-ground trampolines, patio furniture, and backyards, where small children and dogs played, were completely covered in these toxic particles.
- Many homeowners had sick dogs and cats, whose water bowls were continually poisoned by the toxic sandblast residue.
- Homeowners endured the extremely loud sandblasting and noticed sand-like particles in their pools and a heavy layer of sandblasting material accumulating on their cars and in their yards. These particles, created from the sandblasting project, damaged air conditioning units, pool filters, and were so abrasive they scratched car paint and caused windows to become pitted.
- A complaint was filed in the Los Angeles Superior Court on November 23, 2020.
BASED ON YOUR ADDRESS, YOU ARE ENTITLED TO BE A PART OF THIS LAWSUIT BECAUSE:
- You have sustained property damage to your home, vehicles, air conditioning units, pools, yards
- Your property has been illegally trespassed upon.
- You have suffered the loss of quiet use and enjoyment of your home/property.
- You may have experienced, and/or continue to experience, health-related issues such as
nosebleeds, headaches/migraines, vomiting, eye irritation, and sinus/throat/respiratory problems.
- You may have incurred personal medical expenses, veterinarian expenses, and/or cleaning expenses.
YOU MAY BE ENTITLED TO MONEY DAMAGES
We have substantial documentation, voice recordings, audio recordings, video recordings, still photographs, and drone footage taken by residents, investigators, and our expert drone operators. They show the toxic dust cloud containing the particulate matter floating over the Westridge/Stevenson Ranch communities.
- We have performed test sampling of 13 homes in the community and have found the toxic particles at all 13 homes.
- The particles are extremely light and can float in the air for long periods, traveling many miles by wind and then settling on the ground or in water.
- Based upon the location of our positive test samples, it appears that your home has been affected.
- The laws of the State of California protect residents of the homes that were subjected to unlawful sandblasting.
ACT NOW OR LOSE YOUR RIGHT TO COLLECT MONEY DAMAGES
You can sign up to be part of the litigation by completing an intake form and signing a retainer agreement (one retainer per individual is required) which is enclosed in this packet or go to http://bit.ly/OPORetainer and use the links provided to electronically sign and submit your agreement(s) and intake form.
It is important to file your personal injury claim as quickly as possible to ensure that you do not miss the filing deadline.
Quote from a Stevenson Ranch resident:
“We have been exposed to and breathing in what they’ve been sandblasting into our neighborhood. Our property has been damaged by the sandblasting. We have not been able to be in our own backyards because of the air quality and the noise caused by the sandblasting. There was a failure in oversight by just about every party involved and negligent actions in the sandblasting. I’m hoping there’s someone who can help us with this.” -Santa Clarita Homeowner
Health Effects of Particulate Matter (PM)
Particulate Matter – What You Can’t See, Can Hurt You
Particulate Matter (PM) is very small inhalable particles floating in the air. Particulate is extremely small; a single human hair is 7 times thicker than particulate. Airborne particles can be transported thousands of miles from their source. In fact, there is an entire science dedicated to understanding the wind-driven emission, transport, and disposition of sand and dust by wind called the aeolian process.
Health studies have shown a significant association between exposure to particle pollution and health risk. The World Health Organization states that particulate matter in the air can penetrate deep into the lungs and enter the body systematically, affecting the cardiovascular and other major organ systems.
Both long and short-term particle exposures have been linked to health problems. Exposure to fine particles can cause health effects such as eye, nose, throat and lung irritation, coughing, sneezing, runny nose and shortness of breath. Exposure to fine particles can also affect lung function and worsen medical conditions such as asthma and heart disease.
What is Silica (SiO2)?
Silica — also called silica dioxide, is a mineral found in soil, sand, various types of rocks, and other materials commonly found at construction sites. Inhaling silica dust can prove to be very dangerous. Sandblasting is particularly hazardous because the initial fracturing of silica particles tends to create dust with higher concentrations of crystalline silica. This highly concentrated dust can create a more severe or immediate lung reaction. Inhalation of silica dust can increase the risk of respiratory conditions. Airborne crystalline silica — fine, breathable silica dust – is a human carcinogen linked to lung cancer and several other serious diseases.
Without proper safety measures in place, silica dust can affect the health of anyone in the general vicinity of the product.
What are the effects of breathing metal dust?
Repeated exposure to excessive amounts of metal dust can irritate your eyes, ears, nose, throat and skin and possibly cause lung damage. Symptoms might include a rash, cough, congestion or trouble breathing. Breathing metal dust for any duration of time can have a negative effect on the lungs, but it can be particularly dangerous if you do so over an extended period. Breathing metals can harm your lungs, nervous system and other organs, such as your liver or kidneys.
The lungs have a natural defense system to protect against foreign particles settling within, but with constant exposure, this system can fail. As a result, dust particles may settle in the lung tissues — often in the air sacs or airways — and cause damage therein.
Siderosis is a lung disease caused by breathing in iron particles in the form of dust or fumes.
Our partners have been named the Top 100 Trial Lawyers in America. We are well-versed in the complexities of the scientific and technical issues that are involved in these types of cases.
The personal injury attorneys at Owen, Patterson & Owen work on a contingency basis which means the client pays no up-front fees and has no risks.
Below is a sampling of previous toxic tort cases handled by our lawyers:
- Porter Ranch Gas Leak: The Aliso Canyon gas leak was a massive natural gas leak in the Santa Susana Mountains near Porter Ranch, California. Gas was escaping from a well within the Aliso Canyon underground storage facility. OPO represents over 3,800 victims.
- James Dunham & Others vs. Wilbur-Ellis Company Vignolo/Delmart Farms: Extremely
toxic pesticides known to cause brain defects, tumors, and death were applied to crops while workers were present in Earlimart, California.
- Shell Oil Co: Toxic chemicals were dumped in the ground illegally, reaching water tables in Fresno which caused male infertility and cancer.
- Vioxx | $4.85 Billion Settlement: OPO exposed the dangerous and often fatal side effects of Vioxx and filed the first complaint against Merck, paving the way for thousands of plaintiffs to obtain monetary damages for injuries caused by this dangerous drug.
- Volkswagen: Emissions data was falsified on their diesel engine passenger cars and trucks, resulting in a multi-billion dollar settlement.