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STEARMAN v. CENTEX HOMES

No. G019311.

92 Cal.Rptr.2d 761 (2000)

78 Cal.App.4th 611

Jeffrey N. STEARMAN et al., Plaintiffs and Appellants, v. CENTEX HOMES, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

January 31, 2000.

Attorney(s) appearing for the Case

Rodarti, Feld & Gelfer, Richard G. Feld and Scott H. Gelfer, Newport Beach, for Plaintiffs and Appellants.

Epsten & Grinnell, Douglas W. Grinnell and Luis E. Ventura, El Centro, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiffs and Appellants.

Morgenstein & Jubelirer, Jean L. Bertrand and Natasha L. Golding, San Francisco, for Defendant and Appellant.

Paul B. Campos, San Ramon, for Home Ownership Advancement Foundation as Amicus Curiae on behalf of Defendant and Appellant.

Gordon & Rees, Douglas B. Harvey, Robert V. Dugoni and David Collins, San Francisco, for Building Industry Legal Defense Foundation as Amicus Curiae on behalf of Defendant and Appellant.

OPINION

RYLAARSDAM, J.

Defendant Centex Homes appeals from a judgment in favor of plaintiffs Jeffrey and Linda Stearman in a strict liability action arising out of defendant's defective construction of the foundation of plaintiffs' tract home, resulting in severe slab movement and deformation. The defects caused extensive cracks throughout the interior and exterior surfaces of the home.

The issue is not whether a defendant builder of mass produced...

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