ATKINSON v. ELK CORP.

No. H023589.

135 Cal.Rptr.2d 433 (2003)

109 Cal.App.4th 739

James ATKINSON, Plaintiff and Appellant, v. ELK CORPORATION, Defendant and Respondent.

Court of Appeals of California, Sixth District.

Rehearing Denied July 9, 2003.

Review Denied October 1, 2003.


Attorney(s) appearing for the Case

Sharon L. Kinsey, Soquel and Mazur & Mazur, El Cajon, Janice R. Mazur and William E. Mazur, for Appellant.

Burton, Volkmann & Schmal and John S. Burton, Santa Cruz, for Respondent.


ELIA, J.

James Atkinson (hereinafter Atkinson) appeals from a judgment of nonsuit entered in favor of Elk Corporation (hereinafter Elk). For the reasons outlined below we will reverse.

Procedural History

Atkinson filed a complaint on December 22, 1999 against Elk and Lyle Thomas doing business as Pacific Coast Roofing (hereinafter Pacific). The first cause of action alleged breach of express warranty under the Song-Beverly Consumer Warranty...

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