ROSEVILLE, Calif., Dec. 23, 2010 /PRNewswire/ -- A statewide notice program authorized by the Placer County Superior Court began today, to issue notice to all individuals and entities who own homes or other structures in the State of California with Monier brand slurry-coated roofing tiles. The notices are a result of the Court establishing or "certifying," a class action lawsuit against Monier involving representations made by Monier about the longevity and performance of the exterior surface of the tiles.
The lawsuit includes (i) all individuals or entities in the State of 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 Californian individuals and entities who paid to replace or repair such Tiles. Membership in the Class is limited to those who were exposed to a statement that the Tiles would have a 50 year life, permanent color, or would be maintenance free. The Class excludes the trial judge and his family, and defendants and their counsel. There is also a CLRA Class that includes all Class members who own or owned homes with the Tiles for personal, family or household use.
Plaintiff alleges that Monier, a manufacturer and marketer of roof tiles, has made false and misleading representations over a period of years that its tiles:
(1) are free from manufacturing defects and 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 (with some softening of color to a uniform finish); will always look good and have permanent color; and never lose their basic aesthetic appeal; and
(3) need no care at all; and require no maintenance
Plaintiff alleges that Monier, against the backdrop of these representations, knowingly failed to disclose that its tiles are defective such 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 advance of their warranted 50-year useful life.
Monier denies the claims and allegations in the lawsuit and says it has no liability for any of these issues. The Court has not decided whether the Plaintiffs or Monier are right. By establishing the Class and ordering that this Notice be provided, the Court is not suggesting the Plaintiffs will win or lose this case. The lawyers for the Plaintiffs must prove their case at a trial. The date for trial has not yet been set.
The notices will appear in Sunday newspaper inserts, daily newspapers and consumer magazines across the State of California starting on December 24th, 2010 and continuing through the end of January, 2011.
The Court appointed Jeffrey Cereghino of Merrill, Nomura & Molineux in Danville, CA and Michael Ram of Levy, Ram & Olson LLP in San Francisco, CA to represent the Class as co-lead "Class Counsel."
Those who wish to remain members of the Class don't have to do anything at this time and will be informed about any claims process that results from the trial or any proposed settlement. Class members will be bound by all orders and judgments of the Court.
Individuals that are part of the Class may exclude themselves from the Class. To do so, they must mail a written request. Exclusion requests must be postmarked by February 21, 2011, and sent to Monier Tile Exclusions, PO Box 4068, Portland, OR 97208-4068. Class members who exclude themselves cannot get any money from the case, and will not be bound by any court orders or judgments
More information is available at the settlement website, www.RoofingTilesClassAction.com, including the Court of Appeals Opinion on Remand, the Second Amended Complaint, Monier's answer to the Second Amended Complaint and other relevant documents. Interested parties may also call toll-free at 1-877-797-6085 for more information, or write to Monier Tile Class Action, P.O. Box 4068, Portland, OR 97208-4068.
SOURCE Placer County Superior Court, California