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- Friday, 24 December 2010 19:22
California homeowners have sued Monier, Inc., claiming the roof tile manufacturer failed to disclose that the color and exterior surface of Monier brand slurry-coated roofing tiles would not remain on the tiles for the warranty life of the product. A California Superior Court has certified the class action lawsuit, which means anyone who has Monier slurry-coated roofing tiles may be entitled to benefits if a class action settlement is reached.
The Monier class action lawsuit accuses Monier of making false and misleading representations over a period of years that its tiles:
(1) are free from manufacturing defects that will remain structurally sound for a period of 50 years; are warranted for 50 years; and will last a lifetime and do not wear out;
(2) have a permanent color glaze that requires no resurfacing; have a virtually impenetrable color glaze; have color that will last as long as the tile, with red tiles remaining red and brown tiles remaining brown; will always look good and have a permanent color; and never lose their basic aesthetic appeal; and
(3) need no care at all; and require no maintenance.
As a result of these representations, the Monier tile class action says, Monier knowingly failed to disclose that its tiles are defective in that their material composition causes the exterior surface of the tiles (including the glaze and slurry-coated color exterior) to deteriorate, degrade and disperse from the tiles well in advanced of their warranted 50-year useful life.
Plaintiffs in the Monier roofing tile class action lawsuit are asking full or partial compensation for all the profits Monier received from the sale of the tiles and other legal costs. No decision about whether Monier did anything wrong has been reached yet, but class members have until February 21, 2011 to decide if they want to stay in the class action lawsuit or opt out. If you stay in the lawsuit, you do not have to do anything to receive benefits if a class action settlement is reached. If you wish to exclude yourself from the Monier class action settlement before a possible trial, however, you must submit your request by February 21, 2011.
There are two classes of individuals covered by the Monier roofing tile class action lawsuit:
UCL Class: (i) all individuals or entities in California who own structures with slurry-coated roof tiles sold by Monier Company, Monier Roof Tile, Inc., or Monier Inc. between January 1, 1978 and August 14, 1997; and (ii) all California individuals and entities who paid to replace or repair such tiles.
CLRA Class: (i) all individuals in California who own for personal, family or household use, structures with slurry-coated roof tiles sold by Monier Company, Monier Roof Tile, Inc., or Monier Inc. between January 1, 1978 and August 1997; and (ii) all California individuals who owned such homes for personal, family or household use and who paid to replace or repair such tiles.
In order to belong to either class you must have been exposed to a statement prior to purchasing or obtaining the Monier roof tile product that the tiles would have a 50-year life, permanent color, or would be maintenance free.
For more information about the Monier Roofing Tile Class Action Lawsuit and possible settlement, visit the Settlement Administrator’s website at www.RoofingTilesClassAction.com.