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A lawsuit filed in Napa County accuses the owners of La Tapatia Market — which operates stores in Napa and Vallejo — of negligence and labor violations after two employees died from carbon monoxide exposure inside the Vallejo location over a four-month span.
The complaint, filed Oct. 30 in Napa County Superior Court, alleges brothers Ismael and Ignacio Magallanes ignored repeated warning signs of carbon monoxide problems in the store’s mezzanine area, where employees had reported feeling dizzy, nauseous, faint or disoriented.
The suit also accuses the owners of running an “under the table” operation at both La Tapatia markets by paying employees in cash, failing to provide required workers’ compensation coverage, and not issuing overtime or tax documents. It is unclear whether county or state labor officials have investigated those allegations.
Ignacio Magallanes on Tuesday acknowledged the 2024 death at the Vallejo store that prompted the lawsuit but denied the alleged labor violations, saying La Tapatia has operated successfully for more than four decades.
“We’ve been in business for over 40 years — we don’t mess around,” Magallanes said.
The lawsuit names the late Adelaida Magallanes, Ismael’s wife; Vallejo store supervisor Julian Magallanes; and several unnamed store supervisors as defendants. La Tapatia representatives did not respond to requests for comment. The defendants had not filed a response to the lawsuit as of Dec. 8, and a case management conference is scheduled for April 8, 2026.
A series of exposures — and two deaths
According to the lawsuit, the first serious incident occurred Oct. 31, 2023, when employee Brisamar Ramirez Rodriguez — a plaintiff in the suit — became ill while working in the Vallejo store’s mezzanine with supervisor Julian Magallanes. She lost consciousness and was taken to the emergency room.
The next morning, another employee, Moises Martinez — who had reportedly been allowed to sleep in the mezzanine during non-business hours — was found dead. His cause of death was later identified as acute carbon monoxide poisoning, the lawsuit states. The Solano County Sheriff-Coroner’s Office did not respond to questions about the official cause of death.
Three days later, on Nov. 4, 2023, Oscar Cervantes Garcia, then 16 — another plaintiff — was discovered unconscious in the same bathroom area by his father, plaintiff Oscar Antonio Contreras Murguia. Cervantes suffered brain and cardiovascular injuries, according to the lawsuit. A Vallejo Fire Department incident report shows fire personnel responded to an unconscious teen in the bathroom at about 9:16 p.m. and cleared the scene about 38 minutes later.
Months later, on Feb. 22, 2024, another employee — plaintiff Raul Contreras Cervantas, 72, and father of Oscar Cervantes Garcia — was found unresponsive in the mezzanine bathroom and later died. When Contreras attempted to help his father, he again inhaled the gas and required medical treatment.
State investigation and emergency response
Records show Cal/OSHA opened an investigation into the Vallejo market on Feb. 23, 2024 — one day after that death — and later issued six citations and $56,000 in penalties, citing violations of state code governing airborne contaminant exposure and the reporting of work-connected fatalities and serious injuries, among others. The agency’s investigation focused on the February 2024 death and did not examine the earlier fatal exposure in November 2023, according to the investigation summary. The citations were contested, and the investigation remains open.
A police officer who responded Feb. 22, 2024, became dizzy at the scene and briefly lost consciousness as she waited for the coroner to arrive, according to the lawsuit and the Cal/OSHA investigation summary. When emergency medical services treated her, they tested a gas-powered water heater, recorded elevated carbon monoxide levels and shut off the gas, the summary states.
Pacific Gas and Electric Co. later recorded “extremely high” carbon monoxide levels in the mezzanine, in rooftop HVAC units and near a deep fryer believed to sit directly below the mezzanine, according to the lawsuit.
The Cal/OSHA investigation focused on the water heater. The gas company disconnected the gas line and placed the heater out of service. A person identified as a La Tapatia owner hired a plumber to inspect the unit, and the plumber found the exhaust ducting had become “worn and corroded,” allowing exhaust gases to enter the area. Repairs were completed, and the gas company verified the heater was operating properly before restoring service Feb. 26, 2024, according to the investigation summary.
Beyond the water heater, the lawsuit separately alleges that investigators traced the gas to an opening between an exhaust vent and a roof jack, which allowed carbon monoxide to collect between the ceiling and roof. A portion of the mezzanine bathroom ceiling had also been removed, creating a pocket where fumes pooled.
Decades-old construction and missing contractor records
The lawsuit alleges the Vallejo building’s problems date back decades. When the Magallanes family constructed the store in the early 1990s, they allegedly hired unlicensed and unqualified contractors whose work created long-term ventilation risks.
City records reviewed by The Press Democrat show multiple fire, gas, electrical and tenant-improvement permits issued for the Vallejo market between 1992 and 1995 — a period that would have included installation of gas-powered equipment and ventilation systems. None of those early records list a contractor or license number, making it unclear who performed the work or whether it was completed by licensed builders.
The complaint also accuses the owners of failing to install carbon monoxide alarms; operating an improperly ventilated gas-powered water heater; and allowing use of “unregulated, unpermitted, uninspected and badly monitored” generators, charcoal grills, broilers and fryers — all potential carbon monoxide sources.
Labor allegations and status of the stores
While the deaths occurred in Vallejo, the plaintiffs also allege widespread labor violations at both the Napa and Vallejo stores. Employees were allegedly paid in cash without receiving pay stubs, W-2s or required payroll documentation. The suit claims the markets did not provide workers’ compensation coverage, disability pay or overtime when earned.
The plaintiffs are seeking unspecified damages and a jury trial. Attorneys at the Pleasant Hill-based Rains Lucia Stern St. Phalle & Silver law firm, which filed the lawsuit, did not immediately respond to requests for comment.
Both stores remain open.