Hicks v. Kaufman & Broad Home Corp.

Opinion

JOHNSON, Acting P. J.

Plaintiff homeowners appeal the denial of their motion for class certification in this action against a developer and general contractor for the cost of repairing or replacing defective concrete foundations under their homes. We hold a class action may be maintained as to the claims for breach of express and implied warranty. Therefore, we reverse the trial court’s order in part and remand the cause with directions.

Facts and Proceedings Below

Plaintiffs Hicks and Gonzales purchased and continue to own homes built and sold by defendant Kaufman and Broad Home…