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HICKS v. KAUFMAN & BROAD HOME CORP.

No. B139140.

107 Cal.Rptr.2d 761 (2001)

89 Cal.App.4th 908

Robin HICKS et al., Plaintiffs and Appellants, v. KAUFMAN AND BROAD HOME CORP. et al., Defendants, Cross-complainants and Respondents; Synthetic Industries, Inc., Cross-defendant, Cross-complainant and Respondent.

Court of Appeals of California, Second District, Division Seven.

As Modified on Denial of Rehearing July 3, 2001.

Review Denied September 26, 2001.

Attorney(s) appearing for the Case

Cohelan & Khoury, Timothy D. Cohelan, Isam C. Khoury, San Diego, Michael D. Singer; Freeman & Freeman and Lawrence P. Freeman, Encino, for Plaintiffs and Appellants.

Morrison & Foerster, Douglas M. Rawlings and Mark R. McDonald, Los Angeles, for Defendant, Cross-complainant and Respondent Kaufman and Broad Home Corporation.

Heller, Ehrman, White & McAuliffe, Richard DeNatale, San Francisco, Michael T. Williams, Los Angeles, Jilana L. Miller; Murchison & Cumming, Friedrich W. Seitz and Edmund G. Farrell, III, Los Angeles, for Cross-defendant, Cross-complainant and Respondent Synthetic Industries, Inc.

JOHNSON, Acting P.J.

Plaintiff homeowners appeal the denial of their motion for class certification in this action against a developer and general contractor for the cost of repairing or replacing defective concrete foundations under their homes. We hold a class action may be maintained as to the claims for breach of express and implied warranty. Therefore, we reverse the trial court's order in part and remand the...

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