Tenants sue for toxic debris inspections after Eaton Fire

Most of the work crews clearing the toxic debris left by the Eaton Fire are not wearing masks or other protective gear, according to a report published by the University of Illinois Chicago and conducted by a laborers' advocacy group.

For the report, a team from the National Day Laborer Organizing Network conducted a windshield survey in Altadena on May 7 and May 9. The group identified 240 active worksites in the Altadena fire zone where more than 1,200 workers were present. Of those, 1,065 were involved in clean-up activities at the time of the survey. Only 20% of the workers observed were wearing respiratory masks. Some 73% wore hard hats, 18% wore safety glasses and 24% wore gloves.

"Cleanup work following urban fires is fraught with dangers, from exposure to toxic substances to physical and environmental hazards," the report said.

"Despite California law requiring employers to provide PPE, observations indicate that many workers lack critical protective gear such as respirators, safety glasses, and coveralls. This absence poses severe health risks, including respiratory illness and long-term complications from exposure to toxic substances," it continued.

The Eaton Fire burned more than 14,000 acres, destroyed thousands of structures and led to 18 deaths. It also blanketed the area with lead, asbestos and other contaminants, according to various reports.

Altadena and Pasadena residents on Thursday filed two lawsuits accusing Los Angeles County and the city of Pasadena of violating Health & Safety Code Section 17970.5 by failing to inspect rented homes for those substances. Section 17970.5 says a city or county must inspect a building if it receives a complaint that it is substandard or has lead contamination. The complaints were signed by Lena Silver of Neighborhood Legal Services of Los Angeles County and Whitney R. O'Byrne of Morrison & Foerster LLP.

The lawsuits point at comments from officials acknowledging the potential dangers of smoke, soot and ash from the Eaton Fire.

"The county's failure to inspect rental units for toxic smoke, ash, and soot-related damage to identify conditions that endanger health and safety, and the County's failure to enforce violations as required by law, has delayed or inhibited necessary remediation for tenants who are, or risk being, exposed to these harmful and toxic substances in their homes," states the complaint against Los Angeles County. Altadena Tenants Union, et al., v. County of Los Angeles, et al., 25STCP01915 (L.A. Super. Ct., filed May 21, 2025) and Pasadena Tenants Union, et al., v. City of Pasadena, et al., 25STCP01916 (L.A. Super. Ct., filed May 21, 2025).

Both groups of plaintiffs seek declaratory relief.

"I think it's a strong and righteous claim," said Kabateck LLP's managing partner, Shant A. Karnikian. KBK represents homeowners affected by the Eaton Fire and other wildfires but is not involved in either of the tenant cases.

"The county is supposed to be looking out for the conditions of these units. The law requires it. Even the landlords stand to benefit from it, because it would substantiate the insurance claim the landlord is going to make," Karnikian continued.

A representative from the county CEO's office said they had no comment. Pasadena officials did not respond to a request for comment.

A putative class action accusing Southern California Edison of widespread lead and asbestos contamination from the Eaton Fire was filed in Los Angeles County Superior Court in May. Edison is accused of sparking the Eaton Fire. Edison is disputing that allegation.

That complaint cites environmental tests performed separately by Caltech geochemistry professor Francois Tissot and the non-profit advocacy group Eaton Fire Residents United. It says virtually all the homes they tested had lead contamination, with a significant portion in excess of EPA limits. Amber Diaz, et al. v. Southern California Edison, 25STCV13469 (L.A. Super. Ct., filed May 7, 2025)