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KB HOME v. SUPERIOR COURT

No. B167912.

5 Cal.Rptr.3d 587 (2003)

112 Cal.App.4th 1076

KB HOME et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Consolidated Industries Corp., et al., Real Parties in Interest.

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

As Modified on Denial of Rehearing November 19, 2003.

Review Denied February 18, 2004.

Attorney(s) appearing for the Case

Lorber, Greenfield, Polito & Pengilly, Joyia Z. Greenfield, San Diego, and Gillian L. Gregory, Spring Valley; Newmeyer & Dillion and Gregory L. Dillion, Newport Beach, for Petitioners.

No appearance by Respondent.

Mitchell Silberberg & Knupp, Jeffrey L. Richardson, Seth E. Pierce, Diana L. Abdulian and Evan R. Goldstein, Los Angeles, for Real Party in Interest Daniel L. Freeland, U.S. Bankruptcy Trustee for Consolidated Industries Corp.

Lewis Brisbois Bisgaard & Smith, Charles L. Harris and Melissa A. Miles, Costa Mesa; Austin & Cannon and Thomas S. Squillaro for Real Party in Interest Canyon Air Systems, Inc.

PERLUSS, P.J.

The economic loss rule bars recovery in tort for economic damages caused by a defective product unless those losses are accompanied by some form of personal injury or damage to property other than the defective product itself. "[T]he economic loss rule allows a plaintiff to recover in strict products liability in tort when a product defect causes damage to `other property,' that is, property other than...

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