The Complaint Alleges that the Fires at the World's Largest Battery Storage Plant Have Caused Major Damages and Health Injuries to Local Residents Including the Owners of Businesses Close to the Explosion

Cotchett, Pitre & McCarthy filed a lawsuit in the Northern District of California on behalf of the owners of the beloved Moss Landing Haute Enchilada Restaurant, Café, and Gallery against Vistra Corporation (“Vistra”) for the Moss Landing Battery Plant fire. Kim and Luis Solano, the owners, were forced to close their business after the January 16th explosion and fire at the Moss Landing Power Plant at the Phase I building of the Vistra Battery Energy Storage Facility. They are but two examples of the potential hundreds of people affected by the explosion and fire.

The lawsuit, named both Vistra Energy and its subsidiaries, including Dynegy Operating Company (“Dynegy”), as well as various LG Energy Solution corporations, who had manufactured the dangerous batteries Vistra used at the Stage I building, as defendants. The complaint alleged that Vistra used faulty and dangerous NMC batteries produced by LG defendants, and employed a flawed battery storage design in the Stage I building. It is alleged there were previous issues of safety with the lithium-ion batteries storage facility in prior years.

In 2018, Vistra Energy acquired Dynegy Operating Company for $1.7 billion. In years past, Dynegy nearly faced bankruptcy in the wake of fraud charges. Multiple executives from Dynegy pleaded guilty to securities fraud, and the company was fined $3 million by the SEC.

The Solano’s own and operate The Haute Enchilada Restaurant, Café, and Gallery, which is located just over a thousand yards away from battery energy storage system (“BESS”) and the Vistra Facility. Following the fire, the Solano’s were forced to close their business along with all the other operations and businesses on Moss Landing Road. The Solano’s also faced many canceled Airbnb reservations on several rental properties in the Moss Landing area that they own due to the fire.

The fire itself raged on for days, with local firefighters unable to engage with the blaze due to the associated dangers of using traditional fire suppression techniques against lithium-ion battery fires. The initial fire had a profound impact on the entire community, up to several miles away, with local officials closing Highway 1 as the fire consumed the Stage I facility. Approximately 1,200 residents near the facility were evacuated from their homes as the fire continued to burn.

In addition to the many expenses the Solano’s and others have incurred since the fire, both Kim and Luis Solano experienced health symptoms they believe are connected to the fire and are concerned about their future health and the situation in Moss Landing. These symptoms, as the complaint notes, are concurrent with symptoms many other local residents have reported having since the fire began. The re-ignition of the fire on February 18th only exacerbated plaintiffs' concerns and ultimately contributed to their decision to close the Haute Enchilada Café for their own health and that of the community at large.

Attorney Blair Kittle said “Our clients are pursuing those responsible for toxic contamination of their community. Allowing a heavy industrial facility to spew contaminants into the community is unacceptable and must have consequences.”

David G. Hollenberg, commented that “The complaint alleges Vistra and LG are responsible for the massive environmental disaster at the Moss Landing Battery Energy Storage System. What was promised as a safe, environmentally responsible way to repurpose a landmark of the Central Coast turned out to be anything but that.

"Kim and Luis Solano love Moss Landing, and trusted that Vistra and LG would be good stewards and neighbors. They violated that trust. By filing this complaint, Kim and Luis seek to hold Vistra and LG accountable now, and in the future, for the unknown harms that await Moss Landing and the greater region’s residents.”

Caroline Yuen said “As alleged in the complaint, the recent fire at Vistra’s Moss Landing battery facility has had a devastating impact on residents, local businesses, and the environment. Vistra and LG must now be held accountable for the damage they have caused the community.”

About Cotchett, Pitre & McCarthy

Cotchett, Pitre & McCarthy, LLP engages exclusively in litigation and trials and has earned a national reputation for its dedication to prosecuting or defending socially just actions. CPM has been honored across the country for its work for the public, consumers and those without a voice in our courts. To learn more about the firm, visit www.cpmlegal.com.

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