Hicks v. Kaufman & Broad Home Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “each class member would have to come forward and prove specific damage to her home” and the cause of that damage
• concluding that even though questions of defective material were common to the putative class, the individual factual questions as to causation and damages predominated so as to make class action litigation unworkable
• holding that “proof of breach of warranty does not require proof the product has malfunctioned but only that it contains an inherent defect which is substantially certain to result in malfunction during the useful life of the product”
• finding that plaintiff in action for breach of warranty need only show that product is substantially certain to malfunction during the useful life of the product
• analyzing a request for class action certification in a constructional defect case under California law
• finding sufficient showing made where plaintiffs \presented 16 expert testimony based on observations and analysis\

Source: CourtListener parenthetical corpus (CC0).