California Court of Appeal

In an action brought by plaintiff-home builder against defendant-manufacturer for damage caused by plumbing fittings manufactured by defendant, summary judgment for defendant is reversed and remanded where: 1) a builder may recover from a product manufacturer for economic losses caused by the manufacturer's violation of the standards set forth in the Right to Repair Act through an equitable indemnity action; but 2) a builder may not recover for these losses through a direct negligence claim against the manufacturer.

Appellate Information

• Decided 12/02/2008
• Published 12/02/2008

Judges

• AARON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Payne & Fears, Thomas L. Vincent, Irvine, and Erik M. Anderson for Plaintiff and Appellant., Cooper, White & Cooper and Kathleen F. Carpenter, Walnut Creek, for California Building Industry Association as Amicus Curiae on behalf of Appellant.


• For Appellees:
  
• Lewis Brisbois Bisgaard & Smith, Peter L. Garchie, Lisa W. Cooney, and Shauna L. Hagan, San Diego, for Defendant and Respondent.