ATKINSON v. ELK CORP. OF TEXAS

No. H028933.

48 Cal.Rptr.3d 247 (2006)

142 Cal.App.4th 212

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

Court of Appeal of California, Sixth District.

August 23, 2006.


Attorney(s) appearing for the Case

Sharon L. Kinsey, Soquel, for Appellant.

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


ELIA, J.

In this second appeal between these two parties we are asked to decide if roofing shingles purchased by Pacific Coast Roofing (hereinafter Pacific) pursuant to a contract to re-roof an existing dwelling for Atkinson are consumer goods under the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (Pub.L. No. 93-637 (Jan. 4, 1975) 88 Stat. 2183, 15 U.S.C. § 2301 et seq.) (hereinafter Magnuson-Moss). In addition, we must decide whether Atkinson...

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