California Court of Appeal

Summary adjudication for defendant is reversed as to plaintiff's cause of action for breach of written warranty where roofing materials plaintiff purchased as part of a re-roofing contract are consumer goods under the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, however, summary adjudication on breach of implied warranty of merchantability cause of action is time-barred.

Appellate Information

• Decided 08/23/2006
• Published 08/23/2006

Judges

• ELIA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Sharon L. Kinsey, Soquel, for Appellant.


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