· 4/17/1997
Fieldstone Co. v. Briggs Plumbing Products, Inc.
Citations
- 54 Cal. App. 4th 357
- 62 Cal. Rptr. 2d 701
- 97 Daily Journal DAR 5009
- 97 Cal. Daily Op. Serv. 2869
- 32 U.C.C. Rep. Serv. 2d (West) 445
- 1997 Cal. App. LEXIS 299
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that a general contractor could not be awarded the cost of replacing installed sinks that rusted and chipped prematurely, because no other property had been damaged
- affirming dismissal of express war ranty claims because the plaintiff did not provide notice of breach
- acknowledging exception to privity requirement where plaintiff relies on manufacturers' representation in labels or advertising materials
- “It is also well settled that [the economic loss rule] ordinarily precludes recovery for economic losses under a negligence theory”
- “As a general rule, privity of contract is a required element of an express breach of warranty cause of action.”
- equitable indemnity not available; no joint tort liability because loss was economic loss; economic loss generally not recoverable under a negligence theory except under narrow exception not applicable in case
Source: CourtListener parenthetical corpus (CC0).
Judges: Huffman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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