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McADAMS v. MONIER, INC.

No. C051841.

60 Cal.Rptr.3d 111 (2007)

151 Cal.App.4th 667

Tim McADAMS, Plaintiff and Appellant, v. MONIER, INC., Defendant and Respondent.

Court of Appeal of California, Third District.

As Modified on Denial of Rehearing June 25, 2007.

Attorney(s) appearing for the Case

Jay-Allen Eisen Law Corporation, Jay-Allen Eisen, C. Athena Roussos, Sacramento; Berding & Weil, Steven R. Weinmann, Alamo; Levy, Ram & Olson and Erica L. Craven, San Francisco, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Albert Norman Shelden, Assistant Attorney General, Ronald A Reiter and Kathrin Sears, Deputy Attorneys General as Amicus Curiae on behalf of Plaintiff and Appellant.

Lieff, Cabraser, Heimann & Bernstein, Jonathan D. Selbin and Kristen E. Law, San Francisco, for Executive Council of Homeowners as Amicus Curiae on behalf of Plaintiff and Appellant.

Law Offices of Robles & Castles, William A. Robles and Ranjani Ramakrishna, San Francisco, for Defendant and Respondent.

Fred J. Hiestand, Sacramento; Morrison & Foerster and William L. Stern, for the Civil Justice Association of California, the California Chamber of Commerce, the California Manufacturers and Technology Association, and the California Bankers Association as Amici Curiae on behalf of Defendant and Respondent.

DAVIS, J.

This appeal involves a proposed class action under the Consumers Legal Remedies Act (CLRA; Civ.Code, § 1750 et seq.) and the Unfair Competition Law (UCL; Bus. & Prof.Code, § 17200 et seq.). The action is based on the defendant's alleged failure to disclose that the color composition of its roof tiles would erode away, leaving bare concrete, well before the end of the tiles' represented 50-year life. The trial court declined to certify a class...

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