Solus Industrial Innovations, LLC v. Super. Ct.

FACTS

As is typical when we review the propriety of the trial court’s ruling on a demurrer, “‘we treat the demurrer as admitting all material facts properly pleaded, but do not assume the truth of contentions, deductions or conclusions of law.’” (West v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 780, 792.)

3 Solus makes plastics at an Orange County manufacturing facility. In 2007, Solus installed an electric water heater intended for residential use at the facility. In March 2009, that water heater exploded, killing two workers instantly in what district attorney refers to as an “untimely and horrific death.” After the incident, California’s Division of Occupational Safety and Health (Cal/OSHA) opened an investigation and determined the explosion had been caused by a failed safety valve and the lack of “any other suitable safety feature on the heater” due to “manipulation and misuse.” Based on Cal/OSHA’s investigation, it charged Solus with five “‘[s]erious’” violations of Title 8 of the California Code of Regulations in an administrative proceeding, including violations of: “(1) section 467(a) for failure to provide a proper safety valve on the heater; (2) section…