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MESA VISTA v. CAL. PORTLAND CEMENT CO.

No. G031082.

12 Cal.Rptr.3d 863 (2004)

MESA VISTA SOUTH TOWNHOME ASSOCIATION, Plaintiff and Appellant, v. CALIFORNIA PORTLAND CEMENT COMPANY, Defendant and Appellant.

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

As Modified on Denial of Rehearing June 2, 2004.

Review Denied August 11, 2004.

Attorney(s) appearing for the Case

Kasdan, Simonds, Riley & Vaughan, Kenneth S. Kasdan, Concord, Nikola J. Bates, Dana Point; Law Offices of Jack A. Lucas, Jack A. Lucas and Barry C. Vaughan, Irvine, for Plaintiff and Appellant Mesa Vista South Townhome Association.

Berkes Crane Robinson & Seal and James L. Seal, Beverly Hills, for Defendant and Appellant California Portland Cement Company.

Monteleone & McCrory, G. Robert Hale and William J. Ingalsbe, Santa Ana, for National Ready Mixed Concrete Association and Southern California Ready Mixed Concrete Association as Amici Curiae on behalf of Defendant and Appellant California Portland Cement Company.

OPINION

MOORE, J.

In this residential construction defect case, the trial court, in a studious 57-page statement of decision, explained why it was making what it termed to be a "controversial" decision — holding the defendant concrete manufacturer and supplier liable for negligence when the only damage then suffered was submicroscopic damage to the product itself. While the damage at the time of trial was submicroscopic, the court found that the concrete...

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