Can plaintiffs bring a class action claim solely for the incorporation of a defective component into their homes?

California, United States of America


The following excerpt is from Kohler Co. v. Superior Court of L. A. Cnty., 240 Cal.Rptr.3d 426, 29 Cal.App.5th 55 (Cal. App. 2018):

Second, even if plaintiffs claim could be deemed to address solely the incorporation of a defective component into their homes, that claim could not be brought under the Act because the allegedly defective component is a manufactured product, and such claims are expressly excluded. (See 896, subd. (g)(3)(E) ["This title does not apply in any action seeking recovery solely for a defect in a manufactured product located within or adjacent to a structure"].) For this reason, we conclude that despite the class action exception in the last sentence of section 931 relating to actions solely for defective components, that exception must be interpreted to include its own exclusion for claims that seek to recover solely for the incorporation of a defective manufactured producti.e., "a product that is completely manufactured offsite" ( 896, subd. (g)(3)(C) ). (See Moyer v. Workmens Comp. Appeals Bd. (1973) 10 Cal.3d 222, 230, 110 Cal.Rptr. 144, 514 P.2d 1224 ["the various parts of a statutory enactment must be harmonized by considering the particular clause or section in the context of the statutory framework as a whole"].)

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