• Court Holds that Motion to Dismiss Is an Ineffective Tool to Address Allegations that Exceed the Scope of Pre-Litigation Notice Under the Clean Water Act
  • April 22, 2015 | Author: Ryan C. McKim
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • Before filing a Clean Water Act action, a plaintiff must provide the potential defendant with a “prelitigation notice” that tells the target precisely what it purportedly did wrong and when. However, in California Communities Against Toxics v. Armorcast Products Co., Inc., the U.S. District Court for the Central District of California refused to dismiss a plaintiff’s complaint despite that the complaint contained allegations that were not in the pre-litigation notice. While unwilling to dismiss the complaint outright, the court suggested that, upon a proper motion, it would strike allegations that exceed the scope of the plaintiff’s pre-litigation notice. Thus, the court’s opinion provides important guidance to defendants facing a Clean Water Act action with allegations outside the scope of the pre-litigation notice.