A deadly run of carbon monoxide incidents at La Tapatia markets has now turned into a high-stakes courtroom fight, with a new lawsuit claiming long-ignored safety problems cost workers their lives. Filed in Napa County Superior Court, the complaint accuses the owners of La Tapatia locations in Vallejo and downtown Napa of negligence after two employees died and several others were sickened by carbon monoxide exposure.
The suit, lodged on Oct. 30, says long-running ventilation issues combined with unpermitted equipment allowed carbon monoxide to build up in the Vallejo store’s mezzanine and bathroom. According to the filing, the owners ignored warning signs and never installed carbon monoxide alarms, allegedly putting both staff and first responders at risk.
What The Suit Alleges
According to The Press Democrat, the complaint, brought by Pleasant Hill firm Rains Lucia Stern St. Phalle & Silver, names the owners and operators of the Napa and Vallejo La Tapatia Markets and accuses them of negligence and labor law violations.
The lawsuit claims the company allowed unpermitted generators and cooking equipment to be used inside the business, paid workers in cash without providing pay stubs or W-2 forms, and failed to offer workers’ compensation coverage or overtime pay. Plaintiffs are asking for unspecified damages, have requested a jury trial, and a case-management conference is scheduled for April 8, 2026, according to the reporting.
Stores Remain Open
Even as the legal battle ramps up, both markets remain open for business. La Tapatia’s own website lists a Vallejo market and a downtown Napa location, and both storefronts were operating at the time of reporting, per La Tapatia Market.
The site features individual pages for each store, with addresses and contact information, which the complaint cites as identifying details for the businesses named in the suit.
Investigations Found Dangerous Carbon Monoxide Levels
Per The Press Democrat, court filings and agency records outline a pair of deadly incidents at the Vallejo location.
In the first, between late October and early November 2023, worker Moises Martinez was found dead. The second occurred on Feb. 22, 2024, when employee Raul Contreras-Cervantes collapsed at the store and later died. In response to these events, emergency crews and utility workers recorded what were described as “extremely high” carbon monoxide readings in the mezzanine area, in the rooftop HVAC system, and near kitchen equipment.
A plumber hired by one of the owners reportedly found exhaust ducting that was worn and corroded. Cal/OSHA’s inspection resulted in six citations and roughly $56,000 in penalties, according to the reporting, and emergency medical crews tested and shut off a gas-powered water heater during their response.
Legal Implications And Next Steps
The complaint merges wrongful-death claims with workplace and wage allegations, putting the owners on the hook for potential civil damages while also facing continued regulatory pressure if Cal/OSHA’s citations hold up.
Plaintiffs have demanded a jury trial, and the early court dates suggest months of discovery, motions, and pretrial maneuvering ahead. The filing further alleges that construction and unpermitted work dating back to the early 1990s created longstanding ventilation hazards that were never fixed.
Broader Safety Context
Workplace-safety advocates and recent state audits have warned that Cal/OSHA’s staffing levels and enforcement capacity can make complex exposure cases harder to tackle quickly, a backdrop that safety experts say may slow accountability when workplace deaths occur.
This past summer, the Los Angeles Times reported on staffing shortages and operational weaknesses at the agency. Against that backdrop, it will now fall to local regulators and the Napa County courts to sort out whether the lawsuit’s allegations can be proven and what remedies, if any, will follow.
